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What is the New Standard of Care for Architectural and Engineering Services?

Standard of Care for Architectual and Engineering Texas

Standard of Care for Architectural and Engineering Texas

Section 130.0021(a) of the Texas Civil Practice and Remedies Code creates a new and specific standard of care for architectural or engineering services related to the repair or construction of improvements to real property.

The new law provides that architectural or engineering services must be “performed with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license.” For contracts entered into on or after September 1, 2021, provisions containing a standard of care deviating from this new statutory definition are deemed void and unenforceable. 

In sum, Chapter 130, as amended, now provides architects and engineers with broader protections against contractual risk-shifting provisions.