Oklahoma § 15-221A - Design professional services agreement defined –

§ 15-221A. Design professional services agreement defined –

Limitations on liability arising out of death or bodily injury void

- Exceptions.

A. For purposes of this section, "design professional services

agreement" means a contract, subcontract or agreement by any person

or legal entity with an individual or legal entity possessing the

qualifications to provide licensed architectural, licensed

engineering, licensed land surveying services or other individuals

or legal entities possessing specialized credentials and

qualifications as may be needed to evaluate, plan or design for any

construction project for the improvement of real property.

B. Except as provided in subsection C or D of this section, any

provision in a design professional services agreement that requires

an entity or that entity's insurer to indemnify, insure, defend or

hold harmless another entity against liability for damage arising

out of death or bodily injury to persons or damage to property which

arises out of the negligence or fault of the indemnitee, its agents,

representatives, subcontractors, suppliers or an entity for whom an

indemnitor is not otherwise legally responsible is void and

unenforceable.

C. The provisions of this section do not affect any provision

in a design professional services agreement that requires an entity

or that entity's insurer to indemnify another entity against

liability for damage arising out of death or bodily injury to

persons or damage to property; provided, that a lawful

indemnification shall not exceed an amount that is proportionate to

the degree or percentage of negligence or fault for which the

indemnitor and an entity for which the indemnitor is legally

responsible are adjudicated liable.

D. This section shall not affect any obligation under workers'

compensation or coverage or insurance specifically relating to

workers' compensation.

E. Any provision, covenant, clause or understanding in a design

professional services agreement that conflicts with the provisions

and intent of this section or attempts to circumvent this section by

making the agreement subject to the laws of another state, or that

requires any litigation, arbitration or other dispute resolution

proceeding arising from the agreement to be conducted in another

state, is void and unenforceable.

Added by Laws 2021, c. 153, § 1, eff. Nov. 1, 2021.