Texas Civil Practice and Remedies Code

§ 130.002 — COVENANT OR PROMISE VOID AND UNENFORCEABLE

CP § 130.002Title 6. MISCELLANEOUS PROVISIONS · Ch. 130. LIABILITY PROVISIONS IN CERTAIN CONSTRUCTION CONTRACTS

Statute text

(a)A covenant or promise in, in connection with, or collateral to a construction contract is void and unenforceable if the covenant or promise provides for a contractor who is to perform the work that is the subject of the construction contract to indemnify or hold harmless a registered architect, licensed engineer, or land surveyor, or an agent, servant, or employee of a registered architect, licensed engineer, or land surveyor from liability for damage that:

(1)is caused by or results from:

(A)defects in plans, designs, or specifications prepared, approved, or used by the architect, engineer, or land surveyor; or

(B)negligence of the architect, engineer, or land surveyor in the rendition or conduct of professional duties called for or arising out of the construction contract and the plans, designs, or specifications that are a part of the construction contract; and

(2)arises from:

(A)personal injury or death;

…

Legislative history

Acts 2021, 87th Leg., R.S., Ch. 686 (H.B. 2116), Sec. 2, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 306 (S.B. 687), Sec. 2, eff. September 1, 2025.