By Jon Wreschinsky, CCASLA Delegate
As reported in the last newsletter article, CCASLA has been working with our allied design professional organizations in support of passage of Senate Bill 885 (Wolk) – Construction contracts: indemnity. To refresh your memory, the Bill as currently proposed would specify, for construction contracts entered into on or after January 1, 2017, that a design professional, as defined, only has the duty to defend claims that arise out of, or pertain or relate to, negligence, recklessness, or willful misconduct of the design professional. Under the bill, a design professional would not have a duty to defend claims against any other person or entity arising from a construction project, except that person or entity's reasonable defense costs arising out of the design professional's degree of fault, as specified. The bill would prohibit waiver of these provisions and would provide that any clause in a contract that requires a design professional to defend claims against other persons or entities is void and unenforceable.
The Bill has met strong opposition from a number of agencies and their representative organizations, which unfortunately is not unanticipated. CCASLA and its allies continue to educate legislators on the merits of the Bill, counter misinformation put forth by the opposition, and to strongly support the Bill on your behalf. The Bill has cleared the Senate is now proceeding through the Assembly. CCASLA and its allies are renewing their efforts in this final push and are asking all practicing landscape architects to write their Assembly member to support its passage. Look for information from the Chapter regarding a sample letter, and when specifically to write. This continues to be excellent example of how CCASLA serves all landscape architects in protecting their interests.
I am also happy to report that the Independent Technical Panel has completed its Recommendations Report to the Legislature on Landscape Water Use Efficiency. The full report can be found at: http://www.water.ca.gov/wateruseefficiency/sb7/committees/urban/u2/docs/ITP%20Final%20Report%20to%20Legislature%2005-16-16%20watermark.pdf. The report contains many recommendations, mostly in an effort to address both consumer protections as well as address technical issues in relation to the recent and future Model Water Efficient Landscape Ordinance (MWELO) update(s). CCASLA worked hard to help ensure that critical areas of the report reflected the concerns of the landscape architecture profession, the importance of professional licensure, and protection of the public health, safety, and welfare when addressing landscape water use. CCASLA will continue to act in the best interests of landscape architects and licensees, monitoring the legislature's and agency review of the document, and will respond as necessary to any opportunities for further input.
Should you have any questions or concerns regarding any of these issues, please contact me at jswreschinsky@pacbell.net or 619-916-6956.
