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   Mike Hillerby - Lobbyist for AIA Nevada

Click here for Hillerby Legislative Report - June 2015

Click here to email Mike Hillerby

To contact Mr. Hillerby by phone, please call 775-398-4730

WE DID IT!  WE ELIMINATED THE DUTY TO DEFEND!

THROUGH OUR LOBBYING AND LEGISLATIVE EFFORTS – AIA NEVADA HAS BEEN SUCCESSFUL IN ELIMINATING THE  “DUTY TO DEFEND” CLAUSES IN PUBLIC WORKS CONTRACTS,  TAKING THE BURDEN OF PAYING ALL LEGAL DEFENSES OFF THE ARCHITECT! 

With the passage of AB106-379 on May 25th, 2015, architects in Nevada are relieved of the unfair obligation to assume all legal responsibilities to pay defense costs for the owner or any other entity.  The language in Nevada State Statute 338.155 has been changed making it illegal to include the “duty to defend” language in any public works contract.

The Duty to Defend clause has been used in the past by public entities to place an inequitable burden on the architect to defend the public body in any lawsuit that is brought no matter who is at fault.  This is made even more inequitable because insurance for this kind of liability does not exist and cannot be bought. Architects already assume responsibility for their errors and omissions and can purchase liability insurance for this. But, they should not be required to defend the owner or anyone else for errors that do not fall under the architects responsibilities. Many public contracts have included the “duty to defend” clause and architects have been forced to assume this unfair responsibility with statements like -- “sign the contract or you don’t get the job.”   With the passage of this AB106 and the change in the language of Statute 338.155 this unfair burden on the architect is relieved.  You can thank your AIA Nevada and the AIA local Chapters for this.