Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB514

Introduced
10/18/23  
Refer
10/18/23  
Report Pass
11/9/23  
Refer
11/9/23  
Engrossed
11/14/23  
Refer
11/21/23  
Enrolled
1/18/24  
Chaptered
3/25/24  

Caption

Prohibiting certain indemnification provisions in contracts relating to design professional services.

Impact

The implementation of AB514 is expected to have significant implications for state laws governing contracts involving design professionals. It would restrict the use of specific indemnity clauses that may currently be prevalent in the industry. By limiting these provisions, the bill could promote fairer risk distribution between the parties involved in design services and potentially mitigate disputes related to liability issues arising from the execution of their duties.

Summary

AB514 proposes to prohibit certain indemnification provisions in contracts related to design professional services. This legislation aims to create a more equitable framework for design professionals, ensuring they are not held liable for areas outside of their control, which can often lead to substantial financial burdens. By addressing these provisions, the bill seeks to improve the contractual landscape for architects, engineers, and other design professionals involved in construction projects.

Contention

During discussions surrounding AB514, there have been voices both supporting and opposing the bill. Proponents argue that the existing indemnification practices unfairly place undue risk on design professionals, which can deter them from taking on projects or lead to inflated costs passed on to clients. Conversely, opponents may raise concerns about how limiting indemnification could impact accountability and the willingness of firms to engage in larger, more complex projects, fearing that it could lead to a decrease in quality or oversight in the design process.

Companion Bills

No companion bills found.

Previously Filed As

WI S0888

Professional Services Contracts

WI A469

Limits home improvement contractor from entering into contract with full indemnification provision.

WI S441

Limits home improvement contractor from entering into contract with full indemnification provision.

WI H0699

Design Professional Contracts

WI HB187

Professions and businesses; contractors; change certain provisions

WI H0051

Amends existing law to revise provisions regarding professional service fees for certain contracts.

WI HB1541

Amending the act of July 9, 1970 (P.L.484, No.164), entitled "An act relating to indemnification agreements between architects, engineers or surveyors and owners, contractors, subcontractors or suppliers and indemnification agreements relating to snow removal or ice control services," providing for void and unenforceable provisions or terms in construction contracts; and making editorial changes.

WI HB3306

Relating to the applicability of certain laws affecting indemnification agreements to certain contracts or agreements pertaining to electric utility infrastructure.

WI HB1143

Amending the act of July 9, 1970 (P.L.484, No.164), entitled "An act relating to indemnification agreements between architects, engineers or surveyors and owners, contractors, subcontractors or suppliers and indemnification agreements relating to snow removal or ice control services," further providing for title of act; and providing for indemnification agreements relative to construction contracts, including agreements for architectural, engineering or land surveying services.

WI SB1484

Creates new provisions relating to progressive design-build contracts

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