Utah § 13-8-2 - Contractual limitations of liability arising from services of design professionals prohibited.

Full text of Utah Utah Code § 13-8-2 — Contractual limitations of liability arising from services of design professionals prohibited., with citation guidance and answers to common questions.

§ 13-8-2. Contractual limitations of liability arising from services of design professionals prohibited.

13-8-2.  Contractual limitations of liability arising from services of design professionals prohibited.
(1) As used in this section:
(a) "Agreement" means a contract, promise, covenant, or understanding.
(b) "Contractor" means any person engaged by an owner to develop or assist in the development of the owner's land.
(c) "Design professional" means an architect, engineer, or land surveyor. It includes any other person who, for a fee or other compensation, performs services similar to the services of an architect, engineer, or land surveyor in connection with the development of land.
(d) "Development" means the construction, alteration, repair, maintenance, or improvement of land, including any related moving, demolition, or excavation.
(e) "Land" means any real property, including any building, fixture, improvement, appurtenance, structure, road, highway, or other development.
(f) "Liability" includes liability arising by contract, indemnity, contribution, tort, or otherwise.
(g) "Owner" means the holder of any legal or equitable title or interest in property.
(h) "Subcontractor" means any person engaged by a contractor to develop or assist in the development of land.
(2) An agreement between an owner and a contractor may not limit the owner's or a design professional's liability to the contractor for any claim arising from services performed by the design professional in connection with the development of land. This subsection does not apply if the owner and the contractor are the same person or entity or are controlled by the same person or entity.
(3) An agreement between a contractor and a subcontractor may not limit the owner's or a design professional's liability to the subcontractor for any claim arising from services performed by the design professional in connection with the development of land.
(4) This section does not apply if the design professional is retained under a single contract to perform both the design and the construction of the project, such as in a design-build or turn-key project.
(5) This section may not be construed to affect any limitation of a design professional's liability to an owner or other design professional that may exist in an agreement between the owner and the design professional or between design professionals.
(6) This section does not affect or impair the obligations of agreements in existence as of May 1, 1988.


Enacted by Chapter 129, 1988 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 13-8-2

What does Utah Code § 13-8-2 cover?

Section 13-8-2 ("Contractual limitations of liability arising from services of design professionals prohibited.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 13-8-2?

A common citation format is "Utah Code § 13-8-2" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 13-8-2 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.