Sec. 12.5. (a) As used in this section, "contractor" refers to a person who provides professional services under a contract with the department. (b) As used in this section, "professional services" refers to engineering, architectural, or surveying services. (c) Notwithstanding any provision of IC 26-2-5-1 to the contrary, the department may not require a contractor to assume any liability or indemnify the state for any amount greater than the degree of fault of the contractor. (d) Any contractual provision in conflict with the prohibitions contained in subsection (c) is void and unenforceable.
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