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Calif. Bill Protects Design Professionals10-02-06 | News

Calif. Bill Protects Design Professionals




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Assemblywoman Lois Wolk of Davis, Calif.


Gov. Arnold Schwarzenegger has signed legislation by Assemblywoman Lois Wolk (D-Davis) that protects design professionals from contracts that hold them responsible for other parties?EUR??,,????'??? mistakes.

?EUR??,,????'??I authored this legislation because of several instances in my district where the community tried to build low-and moderate-income condominiums, but was unable to do so given that no builder could afford to undertake the projects,?EUR??,,????'?? said Wolk. ?EUR??,,????'??Some public agencies are forcing designers to assume ?EUR??,,????'??deep pocket?EUR??,,????'??? liability for other parties?EUR??,,????'??? mistakes. My bill places responsibility for construction defects on the wrongdoer, where it belongs.?EUR??,,????'??

Specifically, Assembly Bill 573 would prohibit public agencies from requiring engineers, architects and other design professionals to be responsible for the negligent acts and omissions of other parties. Their liability for their own design and construction defects remains unchanged.

?EUR??,,????'??Ironically, this current practice of shifting liability does not protect public entities, or the taxpayer, for that matter. This forced coverage is illusory,?EUR??,,????'?? Wolk said. ?EUR??,,????'??Insurance policies do no cover these professional?EUR??,,????'???s liability beyond the designer?EUR??,,????'???s own negligence or willful misconduct, leaving public agencies and the taxpayer on the hook.?EUR??,,????'??

AB 573 is sponsored by the Consulting Engineers Land Surveyors of California and supported by the California Professional Association of Specialty Contractors, CH2M Hill, the American Institute of Architects California Council, the California Geotechnical Engineer?EUR??,,????'???s Association, and the California Landscape Contractors Association?EUR??,,????'??+and more than 200 small, medium and large businesses throughout California.

Source: California Chronicle

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