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Showing posts from May, 2013
Senate Bill No. 286 Protects Design Professionals from Personal Liability
IntroductionOn April 24, 2013, Gov. Rick Scott signed Senate Bill No. 286 (the “Bill”) into law.The Bill protects design professionals employed by a business entity from personal liability in certain situations and supersedes existing common law on the issue.
Summary of the Changes Most importantly, the Bill created section 558.0035, Florida Statutes, which provides that a 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:
a)The contract is made between the business entity and a claimant or with another entity for the provision of professional services to the claimant;
b)The contract does not name as a party to the contract the individual employee or agent who will perform the professional services;
c)The contract includes a prominent st…