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Duty to Defend - Reporting


Senate Bill 1575 (2024)
changed ORS 30.140 to make it so that any contract requiring a consultant to defend a public agency against claims of professional negligence—for services like architectural, engineering, photogrammetric mapping, transportation planning, or land surveying (terms are defined in ORS 279C.100)—is not enforceable unless the provision is limited according to the “except to the extent” requirements of SB 1575.

Applicability     

Senate Bill 1575 applies to A&E services and related services contracts entered into or renewed (i.e. amended for extension of time or reinstatement) on or after January 1, 2025, and on or before December 31, 2034.

Resources

  • Read the SB 1575 FAQ.
  • Contact your agency's Designated Procurement Officer (DPO) for more information.

Tracking and Reporting

Agencies must document all information related to claims and collaborate with the state's contract administrator named in the contract. Use the form below to report claims to DAS after litigation is final: