H 3881 General Bill, By Alexander, Askins, Bailey, Cato, J.L.M. Cromer, Gamble, 
Harvin, M. McLeod, Riser, Robinson, Spearman, Walker, Wilder, J.B. Wilder, 
S.S. Wofford and D.A. Wright
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 42-1-660 so as to provide that no architect, engineer, land surveyor,
 landscape architect, or their employees or a corporation, partnership, or firm
 offering architectural services, engineering services, land surveyor services,
 or landscape architectural services retained to perform professional services
 on a construction project is liable for any injury resulting from the
 employer's failure to comply with safety practices unless specifically assumed
 by contract, and to provide that this immunity does not apply to the negligent
 preparation of design plans or specifications.

   04/07/93  House  Introduced and read first time HJ-13
   04/07/93  House  Referred to Committee on Judiciary HJ-14

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING ARCHITECTURAL SERVICES, ENGINEERING SERVICES, LAND SURVEYOR SERVICES, OR LANDSCAPE ARCHITECTURAL SERVICES RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY PRACTICES UNLESS SPECIFICALLY ASSUMED BY CONTRACT, AND TO 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. (A) No architect, engineer, land surveyor, landscape architect, or their employees or a corporation, partnership, or firm offering architectural services, engineering services, land surveyor services, or landscape architectural services who is retained to perform professional services on a 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.

(B) The immunity provided by this section does not apply to the negligent preparation of design plans or specifications."

SECTION 2. This act takes effect upon approval by the Governor.