“2782.8. (a) For all contracts and amendments thereto entered into on or after 1 January 2007 or after a public professional services agency, all provisions, clauses, agreements and agreements contained in or relating to such a contract, and their amendments to compensate the public body, including the obligation and costs of defence, are unenforceable, with the exception of claims resulting from negligence, recklessness or intentional misconduct of the design expert, which relate to them or which relate to them… (Highlighted only here). Answer 2: Try again to amend the statute to add a sentence like this: “Unless it is expressly stated that a duty of defence is part of a contractual liability for the indemnification of a public body, no such obligation may be implied, derived or otherwise created.” Most jurisdictions agree that, in the context of insurance, the duty of defence is triggered when part of the rights against the insured falls within the scope of the protection afforded by the policy. Therefore, if the prevailing indemnification provision does not expressly require the indemnification subject to defend and indemnify the indemnification liability subject both with respect to certain claims, many parties will reflexively refuse an offer of defence. . . .