The CLASC has produced formal recommendations for legislation to be considered THIS SESSION that will address an array of issues impacting Arizona contractors – including Proportional Liability.

Background

In the 2018 legislative session, the original version of SB 1271 sought to put an end to overreaching indemnity clauses that hold contractors responsible for the negligence of others. Existing law, which has been on the books for over 20 years, prohibits this unfair practice in public projects, and SB 1271 would have mirrored that law in private projects.

The introduced version of SB 1271 included a “legislative intent clause” that clearly explained the objective of the original bill, which has been included below for your reference.

SB 1271, however, was opposed by a number of organizations, including the Homebuilders Association of Central Arizona, Arizona Public Service Company, the Phoenix Chamber of Commerce, and the Intel Corporation, to name a few.

In light of this substantial opposition, the bill’s sponsor, Senator Karen Fann, and proponents of SB 1271 agreed to amend the bill to form the Construction Liability Apportionment Study Committee – or the CLASC.

The CLASC

The CLASC is comprised of six legislators - three members of the Arizona State Senate and three members of the Arizona House of Representatives. The CLASC held public hearings in the fall of 2018, and adopted formal recommendations aimed at improving Arizona’s construction industry. These recommendations, which have been included below, were shared with the Governor, the President of the Senate and the Speaker of the House.

Formal Clasc Motion

The CLASC’s recommendations will be championed this legislative session by Senator Karen Fann, who was recently elected to serve as the President of the Arizona State Senate.

Solutions for Arizona Contractors - Large and Small

Through the CLASC’s efforts, President Karen Fann and proponents of SB 1271 will work to advance the legislative solutions that will benefit Arizona contractors, large and small.

We will continue to provide you with additional updates over the coming months, and as the 2019 legislative session unfolds.

Please be sure to refer back to the Arizonan’s for Fair Contracting website for updates, and don’t forget to contact your legislators to express your support for President Fann’s legislation and proportional liability!

And if you would like to thank the members of the CLASC, you can contact them here:

Resources

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