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Florida design professionals gain limited immunity from individual negligence liability

from Construction Risk

Under the newly created Florida Statute 558.0035, effective July 1, 2013, an individual design professional (an architect, interior designer, landscape architect, engineer, surveyor, or geologist) can be protected from individual liability for negligence under each of the following circumstances:
  1. the contract is made between the business entity and a claimant or with another entity for the provision of professional services to the claimant
  2. the contract does not name as a party to the contract the individual employee or agent who will perform the professional services
  3. the contract includes a prominent statement, in uppercase font that is at least five 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
  4. the business entity maintains any professional liability insurance required under the contract
  5. any damages are solely economic in nature and the damages do not extend to personal injuries or property not subject to the contract

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