On April 10, 2015, Gov. John Hickenlooper signed into law House Bill (HB) 15-1197 concerning limitations on liability obligations in public construction contracts. The new law provides that public entities may not ask design professionals to defend them in lawsuits, unless the design professionals are found negligent. The law became effective on Sept. 1, 2015. The bill was sponsored in the House of Representatives by Rep. Jack Tate and sponsored in the Senate by Sen. Cheri Jahn.
– Download sample bifurcated language that can be used in contracts to be in compliance with the law.
– Download the language of the law, amended Colorado Revised Statutes: 13-50.5-102.
– Download article, “Why engineers/design professionals cannot purchase any insurance coverage to provide defense for their clients prior to negligence being established”
– Watch a video on Duty to Defend
– Download the ACEC National Duty to Defend infographic