SECTION 558.0035. Design professionals; contractual limitation on liability.
Latest version.
1(1) 2A design professional employed by a business entity or an agent of the business entity is not individually liable for damages resulting from negligence occurring within the course and scope of a professional services contract if:38(a) 39The contract is made between the business entity and a claimant or with another entity for the provision of professional services to the claimant;
63(b) 64The contract does not name as a party to the contract the individual employee or agent who will perform the professional services;
86(c) 87The contract includes a prominent statement, in uppercase font that is at least 5 point sizes larger than the rest of the text, that, pursuant to this section, an individual employee or agent may not be held individually liable for negligence;
128(d) 129The business entity maintains any professional liability insurance required under the contract; and
142(e) 143Any damages are solely economic in nature and the damages do not extend to personal injuries or property not subject to the contract.
166(2) 167As used in this section, the term “business entity” means any corporation, limited liability company, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in this state.
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