(1)  As used in this section:

Terms Used In Utah Code 13-8-2

  • Contract: A legal written agreement that becomes binding when signed.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Highway: includes :Utah Code 68-3-12.5
  • Land: includes :Utah Code 68-3-12.5
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Road: includes :Utah Code 68-3-12.5
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(a)  “Agreement” means a contract, promise, covenant, or understanding.

(b)  “Contractor” means any person engaged by an owner to develop or assist in the development of the owner’s land.

(c)  “Design professional” means an architect, engineer, or land surveyor. It includes any other person who, for a fee or other compensation, performs services similar to the services of an architect, engineer, or land surveyor in connection with the development of land.

(d)  “Development” means the construction, alteration, repair, maintenance, or improvement of land, including any related moving, demolition, or excavation.

(e)  “Land” means any real property, including any building, fixture, improvement, appurtenance, structure, road, highway, or other development.

(f)  “Liability” includes liability arising by contract, indemnity, contribution, tort, or otherwise.

(g)  “Owner” means the holder of any legal or equitable title or interest in property.

(h)  “Subcontractor” means any person engaged by a contractor to develop or assist in the development of land.

(2)  An agreement between an owner and a contractor may not limit the owner’s or a design professional’s liability to the contractor for any claim arising from services performed by the design professional in connection with the development of land. This subsection does not apply if the owner and the contractor are the same person or entity or are controlled by the same person or entity.

(3)  An agreement between a contractor and a subcontractor may not limit the owner’s or a design professional’s liability to the subcontractor for any claim arising from services performed by the design professional in connection with the development of land.

(4)  This section does not apply if the design professional is retained under a single contract to perform both the design and the construction of the project, such as in a design-build or turn-key project.

(5)  This section may not be construed to affect any limitation of a design professional’s liability to an owner or other design professional that may exist in an agreement between the owner and the design professional or between design professionals.

(6)  This section does not affect or impair the obligations of agreements in existence as of May 1, 1988.

Enacted by Chapter 129, 1988 General Session

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