House rejects design‑professional immunity bill after lengthy debate

The Utah House on Feb. 15 voted down substitute House Bill 71, a proposal that would have clarified limited immunity for design professionals for certain on‑the‑job safety incidents.

Representative Rose, the bill sponsor, told the chamber the measure seeks to protect design professionals from suits tied solely to job‑site safety when they have not assumed on‑site supervisory responsibilities. She said the bill would not relieve design professionals "of liability for negligence in the preparation of plans and specifications for the construction project."

But several members pressed for concrete scenarios in which the immunity would apply. Representative Harwood and Representative Wharton questioned whether the bill would prevent workers from recovering damages if a structure failed due to inadequate design, and sought assurances that design professionals would remain liable for defective plans. Representative Wilson argued a provision could be read to eliminate liability when an architect took active part in project management.

Rose responded that if a design professional expressly assumed oversight and safety responsibility in writing, that person would assume the related liabilities; otherwise the professional would remain subject to negligence claims for design defects. The exchange highlighted a central tension: whether the bill would allow avoidance of responsibility by design professionals who in practice exercise on‑site authority.

After debate, members invoked previous question and proceeded to the final vote. The clerk announced that HB 71 had received 16 affirmative and 52 negative votes; the bill did not pass and will be filed, according to the floor record.