Effective: March 14, 2023
Latest Legislation: Senate Bill 56 - 134th General Assembly
(A)(1)(a) If a professional design firm provides work, services, studies, planning, surveys, or preparatory work in connection with a public improvement, a public authority may require, via a provision in a public improvement contract or subcontract, that the professional design firm indemnify the public authority and its officers and employees for liabilities the public authority, officer, or employee incurs for the death of or injury to a third party that is proximately caused by the provision of the work, services, studies, planning, surveys, or preparatory work.
(b) The indemnification shall only be for the liabilities incurred from the proportionate share of the tortious conduct, as determined pursuant to section 2307.23 of the Revised Code, of the professional design firm or any consultant, subcontractor, or other entity used by the professional design firm, in performing under the public improvement contract.
(c) A public authority shall not require, via a provision in a public improvement contract or subcontract, that a professional design firm indemnify the public authority except as described in divisions (A)(1)(a) and (b) of this section.
(2)(a) A professional design services subcontract entered into in connection with a public improvement may include a provision that requires any subcontracted professional design firm to indemnify the public authority and the professional design firm that executed the subcontract, and their respective owners, officers, and employees, for liabilities the public authority, professional design firm, owner, officer, or employee incurs for the death of or injury to a third party that is proximately caused by the subcontractor's performance under the subcontract.
(b) The indemnification shall only be for the liabilities incurred from the proportionate share of the tortious conduct, as determined pursuant to section 2307.23 of the Revised Code, of the subcontracted professional design firm or any entity used by the subcontracted professional design firm, in performing under the subcontract.
(c) No professional design firm may require, via a provision in a subcontract entered into in connection with a public improvement, that a subcontracted professional design firm indemnify the professional design firm or the public authority except as described in divisions (A)(2)(a) and (b) of this section.
(3) Division (A) of this section does not prohibit either of the following:
(a) A public authority from commencing a civil action for damages against a professional design firm for breach of the public improvement contract or for breach of the professional standard of care;
(b) A professional design firm from commencing a civil action for damages against a subcontracted professional design firm for breach of the professional design services subcontract or for breach of the professional standard of care.
(B) Notwithstanding divisions (A)(1)(c) and (2)(c) of this section, this section does not prohibit a public authority from requiring insurance coverage, as appropriate, in a contract to meet the indemnification described in this section.
(C) If any provision of this section conflicts with any provisions of a contract between a public authority and the federal government, the provision of this section shall not apply to the extent to which it is in conflict with such a contract. All other provisions of this section that are not in conflict shall apply.
(D)(1) Any public improvement contract or subcontract that includes an indemnification provision as described in division (A) of this section shall not waive, and shall not be construed as waiving, any immunity or limitation of liability as prescribed in Chapters 2744., 4123., 4125., 4127., and 4131. of the Revised Code. Sections 4123.35 and 4123.80 of the Revised Code control over this section.
(2) Any indemnification provided under this section shall not extend to liabilities that would otherwise be barred under sections 2305.06, 2305.09, or 2305.131 of the Revised Code or under any other general statute of limitation or statute of repose.
(E) As used in this section:
(1) "Injury" means all of the following:
(a) Bodily injury to a person;
(b) Sickness or disease of a person;
(c) Injury to or destruction of tangible property of a third party to the public improvement;
(d) Injury, claims, damages, or loss arising from or related to the infringement of intellectual property.
(2) "Intellectual property" means any invention, discovery, work of authorship, creative work, or architectural work that may be subject to protection under federal or state patent, copyright, trademark, or trade secret laws.
(3) "Liabilities" means claims, damages, or loss, including reasonable attorney's fees, costs, and expenses.
(4) "Professional design firm," "professional design services," and "public authority" have the same meanings as in section 153.65 of the Revised Code.
(5) "Public improvement contract" has the same meaning as in section 153.03 of the Revised Code.
Last updated January 18, 2023 at 2:08 PM
Structure Ohio Revised Code
Chapter 153 | Public Improvements
Section 153.011 | Using Domestic Steel Products in State Supported Projects.
Section 153.012 | Preference to Contractors Having Principal Place of Business in Ohio.
Section 153.02 | Debarment of Contractor From Contract Awards.
Section 153.03 | Contracts to Require Drug-Free Workplace Program.
Section 153.031 | Rc 153.03 Requirements Limited to State Improvements.
Section 153.04 | Forms for Providing Bidding Information - Life-Cycle Costs.
Section 153.05 | Actions to Enforce Bond.
Section 153.06 | Form of Bids.
Section 153.07 | Publishing Notice of Bids.
Section 153.08 | Opening Bids and Awarding Contract.
Section 153.09 | New Proposals When Necessary - Change in Work or Materials.
Section 153.10 | No Change in Plans Without Approval of Owner.
Section 153.11 | Change of Plans Becomes Part of Original Contract.
Section 153.12 | Awarding and Executing Contract.
Section 153.13 | Estimates of Labor and Materials - Funds in Escrow Account.
Section 153.15 | Assessment of Asbestos Hazard.
Section 153.17 | Requisition Upon Contractor for Additional Specific Force or Materials.
Section 153.18 | Certification of Additional Force or Materials.
Section 153.19 | Contract Shall Contain Provision as to Time of Completion.
Section 153.20 | Duty of Attorney General.
Section 153.21 | Building Commission.
Section 153.22 | Compensation of Commissioners.
Section 153.23 | Expenses of Building Commission.
Section 153.24 | Oath and Bond.
Section 153.27 | Architects - Superintendents - Employees.
Section 153.28 | Plans, Drawings, and Cost Estimates Filed With County Auditor.
Section 153.29 | Proceedings of Building Commission.
Section 153.30 | Record of Proceedings.
Section 153.31 | Plans and Estimates for Construction - Construction Project Manager or Consultants.
Section 153.311 | Construction of Public Building in Stages.
Section 153.32 | Contracts for Erection and Repair of Superstructures.
Section 153.33 | Bids on Other Plans May Be Considered.
Section 153.34 | Contents of Advertisement.
Section 153.35 | Plans Shall Be Kept on File in County Auditor's Office.
Section 153.36 | Approval of Plans for Courthouse or Jail.
Section 153.37 | Approval of Plans for County Home.
Section 153.38 | Approval of Plans for Bridge.
Section 153.39 | Approval of Plans for Children's Home.
Section 153.44 | Contracts Submitted to Prosecuting Attorney.
Section 153.45 | Commissioners May Annul Old and Make New Contracts.
Section 153.49 | Duty of County Treasurer.
Section 153.50 | Separate Bids for Work and Materials.
Section 153.502 | Construction Management or Design-Build Contracts; Prequalification of Bidders.
Section 153.503 | Adoption of Rules.
Section 153.51 | Separate Contracts - Single, Aggregate Contract.
Section 153.52 | Awarding of Contracts to Separate Bidders.
Section 153.53 | Adjusting Threshold in Section 153.01 for Inflation.
Section 153.54 | Bid Guaranty to Be Filed With Bid.
Section 153.56 | Creditor Shall Furnish Statement of Amount Due - Service of Notice of Furnishing.
Section 153.57 | Form of Bond.
Section 153.571 | Form of Bond.
Section 153.581 | Contracts for Construction Definitions.
Section 153.591 | Hiring Hall Contract or Agreement.
Section 153.61 | Agreement for Joint Construction and Management.
Section 153.62 | Issuing Change Order for Additional Work.
Section 153.63 | Agreement for Escrow Account for Contractor.
Section 153.65 | Professional Design Services Definitions.
Section 153.66 | Submitting Statement of Qualifications.
Section 153.67 | Announcing Contracts Available for Professional Design or Design-Build Services.
Section 153.68 | Instituting Prequalification Requirements.
Section 153.69 | Evaluating and Selecting Firms.
Section 153.691 | No Fee Estimate on Contract for Professional Design Services.
Section 153.692 | Obtaining Services of Criteria Architect or Engineer.
Section 153.693 | Evaluation of Design-Build Firms.
Section 153.694 | Conflicts of Interest.
Section 153.70 | Requiring Professional Liability Insurance.
Section 153.71 | Administrative Rules.
Section 153.72 | Authority of Design-Build Firm.
Section 153.73 | Construction of Statutes.
Section 153.80 | Reducing Bond.
Section 153.81 | Indemnity Provisions in Public Works Design Contracts.
Section 153.83 | Hearings Related to Contractor Labor Agreements.