Transportation Code § 474.003

Sec. 474.003. LIMITATION ON CONTRACTOR'S RESPONSIBILITY FOR CERTAIN DEFECTS. (a) A contractor who enters into a contract with a governmental entity is not civilly liable or otherwise responsible for the accuracy, adequacy, sufficiency, suitability, or feasibility of any project specifications and is not liable for any damage to the extent caused by: (1) a defect in those project specifications; or (2) the errors, omissions, or negligent acts of a governmental entity, or of a third party retained by a governmental entity under a separate contract, in the rendition or conduct of professional duties arising out of or related to the project specifications. (b) A covenant or promise contained in a contract governed by this chapter is void and unenforceable to the extent that the covenant or promise conflicts with Subsection (a). (c) This section does not apply to a consultant retained in a separate contract by a governmental entity to expressly monitor the compliance with project specifications by another contractor with whom the governmental entity has entered into a contract. (c-1) This section does not apply to a design-build contract. (d) This section does not relieve a contractor from the contractor's obligations or liability under a contract with a governmental entity. Added by Acts 2019, 86th Leg., R.S., Ch. 382 (H.B. 2899), Sec. 1, eff. June 2, 2019. Amended by: Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 5, eff. September 1, 2021. Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(106), eff. September 1, 2021.