56-3-16. Indemnification of architect or engineer for own errors prohibited in construction contract.
Construction contracts, plans and specifications which contain indemnification provisions shall include the following provision:
The obligations of the contractor shall not extend to the liability of the architect or engineer, his agents or employees arising out of:
(1)The preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or
(2)The giving of or the failure to give directions or instructions by the architect, or engineer, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage.
Source: SL 1972, ch 256, ยง1.
Structure South Dakota Codified Laws
Title 56 - Guaranty, Suretyship and Indemnity
Section 56-3-1 - Indemnity defined.
Section 56-3-2 - Indemnity for a future wrongful act void.
Section 56-3-3 - Indemnity for past wrongful act valid.
Section 56-3-4 - Indemnity extends to acts of agents.
Section 56-3-5 - Agreement to indemnify several persons applies to each.
Section 56-3-6 - Persons indemnifying liable jointly or severally with person indemnified.
Section 56-3-7 - Interpretation of contract of indemnity--Application of rules.
Section 56-3-8 - Indemnity against liability--Recovery by person indemnified.
Section 56-3-10 - Indemnity against claims, demands or liability--Matters embraced in contract.
Section 56-3-15 - Reimbursement of indemnitor.
Section 56-3-17 - Conflicting provision in construction contract unlawful and unenforceable.