South Dakota § 56-3-16 Indemnification of architect or engineer for own errors prohibited in construction contract.

South Dakota Statutes

§ 56-3-16 — Indemnification of architect or engineer for own errors prohibited in construction contract.

South Dakota § 56-3-16

Title 56GUARANTY, SURETYSHIP AND INDEMNITY

Ch. 56-3INDEMNITY

This text of South Dakota § 56-3-16 (Indemnification of architect or engineer for own errors prohibited in construction contract.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 56-3-16 (2026).

Text

Construction contracts, plans and specifications which contain indemnification provisions shall include the following provision: The obligations of the contractor shall not extend to the liability of the architect or engineer, his agents or employees arising out of:

(1)The preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) The giving of or the failure to give directions or instructions by the architect, or engineer, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage.

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Construction contracts, plans and specifications which contain indemnification provisions shall include the following provision: The obligations of the contractor shall not extend to the liability of the architect or engineer, his agents or employees arising out of: (1) The preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) The giving of or the failure to give directions or instructions by the architect, or engineer, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage.