Fla. Stat. 558.0035
Design professionals; contractual limitation on liability

Mentioned in

Design Professionals Liability Limitation Under Chapter 558 of the Florida Statutes - Soto Law Group

Soto Law Group, October 10, 2023

"Design Professionals Liability Limitation Under Chapter 558 of the Florida StatutesWritten By R. Scott Moore, Esq."
 
Bibliographic info

(1)

A design professional employed by a business entity or an agent of the business entity is not individually liable for damages resulting from negligence occurring within the course and scope of a professional services contract if:The contract is made between the business entity and a claimant or with another entity for the provision of professional services to the claimant;The contract does not name as a party to the contract the individual employee or agent who will perform the professional services;The contract includes a prominent statement, in uppercase font that is at least 5 point sizes larger than the rest of the text, that, pursuant to this section, an individual employee or agent may not be held individually liable for negligence;The business entity maintains any professional liability insurance required under the contract; andAny damages are solely economic in nature and the damages do not extend to personal injuries or property not subject to the contract.

(a)

The contract is made between the business entity and a claimant or with another entity for the provision of professional services to the claimant;

(b)

The contract does not name as a party to the contract the individual employee or agent who will perform the professional services;

(c)

The contract includes a prominent statement, in uppercase font that is at least 5 point sizes larger than the rest of the text, that, pursuant to this section, an individual employee or agent may not be held individually liable for negligence;

(d)

The business entity maintains any professional liability insurance required under the contract; and

(e)

Any damages are solely economic in nature and the damages do not extend to personal injuries or property not subject to the contract.

(2)

As used in this section, the term “business entity” means any corporation, limited liability company, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in this state.

Source: Section 558.0035 — Design professionals; contractual limitation on liability, https://www.­flsenate.­gov/Laws/Statutes/2024/0558.­0035 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 558.0035. Design professionals; contractual limitation on liability's source at flsenate​.gov