[§103D-713]  Defense of agovernmental body.  (a)  No contract of less than $1,000,000 that isentered into on or after July 1, 2007, by any governmental body, and isexclusively for services that may only lawfully be provided by a personlicensed under chapter 464, may require the contractor to defend thegovernmental body, or its officers, employees, or agents, from any liability,damage, loss, or claim, action, or proceeding arising out of the contractor'sperformance under the contract.

(b)  Subsection (a) notwithstanding, thecontract may require the contractor providing the services to indemnify andhold harmless the governmental body and its officers, employees, and agentsfrom and against any liability, damage, loss, cost, and expense, including reasonableattorneys' fees, and all claims, suits, and demands therefor arising out of orresulting from the negligent, reckless, intentional, or wrongful acts, errors,or omissions of the contractor, the contractor's employees, officers, agents,or subcontractors in the performance of the contract or the contractor'sprofessional services, and the provisions may remain in full force and effectnotwithstanding the expiration or early termination of the contract.

(c)  No person licensed under chapter 464 thathas agreed in any contract to defend a governmental body, including thosecontracts entered into before or after July 1, 2007, shall be required todefend the governmental body in a lawsuit filed more than ten years beyond thesubstantial completion of the project, except that this subsection shall notapply to any lawsuit that has been filed prior to July 1, 2007.

(d)  As used in this section,"person" means any person, partnership, corporation, or other entityconducting business in the State. [L 2007, c 246, §2]

 

Note

 

  Saving, severability, etc.  L 2007, c 246, §§3 to 5.