Sec. 130.0021. ARCHITECT'S OR ENGINEER'S STANDARD OF CARE. (a) A construction contract for architectural or engineering services or a contract related to the construction or repair of an improvement to real property that contains architectural or engineering services as a component part must require that the architectural or engineering services be performed with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license.
(b) If a contract described by Subsection (a) contains a provision establishing a different standard of care than the standard described by Subsection (a):
(1) the provision is void and unenforceable; and
(2) the standard of care described by Subsection (a) applies to the performance of the architectural or engineering services.
(c) Section 130.004 does not limit the applicability of this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 686 (H.B. 2116), Sec. 3, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 3, eff. September 1, 2021.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 6 - Miscellaneous Provisions
Chapter 130 - Liability Provisions in Certain Construction Contracts
Section 130.002. Covenant or Promise Void and Unenforceable
Section 130.0021. Architect's or Engineer's Standard of Care
Section 130.003. Insurance Contract; Workers' Compensation