Current Status Introducing Body:Senate Bill Number:923 Committee Number:11 Type of Legislation:GB Subject:Construction design professional Residing Body:Senate Computer Document Number:BBM/9306.JM Introduced Date:Apr 24, 1991 Last History Body:Senate Last History Date:Apr 24, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide Type of Legislation:General Bill
Bill Body Date Action Description CMN
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923 Senate Apr 24, 1991 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE THAT NO CONSTRUCTION DESIGN PROFESSIONAL RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT, OR EMPLOYEE OF THE CONSTRUCTION DESIGN PROFESSIONAL, IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS FOR WHICH COMPENSATION IS RECOVERABLE UNDER THE WORKERS' COMPENSATION LAW, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO THE NEGLIGENT PREPARATION OF DESIGN PLANS OR SPECIFICATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-660. No construction design professional who is retained to perform professional services on a construction project or any employee of a construction design professional who is assisting or representing the construction design professional in the performance of professional services on the site of the construction project is liable for any injury resulting from the employer's failure to comply with safety standards on a construction project for which compensation is recoverable under this title, unless responsibility for safety practices is specifically assumed by contract.
The immunity provided by this section to any construction design professional does not apply to the negligent preparation of design plans or specifications.
For the purposes of this section, `design professional' means an architect, as that term is defined by Chapter 3 of Title 40, and a professional engineer and a registered land surveyor, as those terms are defined by Chapter 21 of Title 40."
SECTION 2. This act takes effect upon approval by the Governor.