Sec. 130.0021. ARCHITECT'S, ENGINEER'S, OR LAND SURVEYOR'S STANDARD OF CARE
- (a) A construction contract for architectural, engineering, or land surveying services or a contract related to the construction or repair of an improvement to real property that contains architectural, engineering, or land surveying services as a component part must require that the architectural, engineering, or land surveying services be performed with the professional skill and care ordinarily provided by competent architects, engineers, or land surveyors practicing under the same or similar circumstances and professional license.
(b) If a contract described by Subsection (a) contains a provision establishing a different standard of care than the standard described by Subsection (a):
- (1) the provision is void and unenforceable; and
- (2) the standard of care described by Subsection (a) applies to the performance of the architectural, engineering, or land surveying services.
- (c) Section 130.004 does not limit the applicability of this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 686 (H.B. 2116), Sec. 3, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 3, eff. September 1, 2021.
Acts 2025, 89th Leg., R.S., Ch. 306 (S.B. 687), Sec. 3, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 306 (S.B. 687), Sec. 4, eff. September 1, 2025.