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 SB491

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

WI HB1926

Indemnification; contracts; design professional services; effective date.

WI SB361

Relating to indemnification provisions in construction contracts.

WI HB818

Relating to indemnification provisions in construction contracts.

WI SB555

Relating to indemnification provisions in construction contracts.

WI HB2010

Relating to indemnification provisions in construction contracts.

WI HB1073

Design Professionals; declare certain provisions in contracts for services void and establish standard of care.

WI SB24

Relating to construction contracts; to provide regulations for indemnification agreements in certain construction contracts.

WI HB993

Design Professionals; declare certain provisions in contracts for services void and establish standard of care.

WI HB2049

Relating to indemnification and duties of engineers and architects under certain governmental contracts.

Similar Bills

CA AB586

Professional fiduciaries.

NJ A2285

Establishes process for formation of professional limited liability companies.

NJ S1425

Revises "The Professional Service Corporation Act."

MS SB2217

Mississippi Design Professionals Act; enact.

MS SB2133

Mississippi Design Professionals Act; enact.

MI HB4172

Probate: guardians and conservators; requirements to be appointed as guardian or conservator; modify. Amends title & secs. 5106, 5108a, 5313 & 5409 of 1998 PA 386 (MCL 700.5106 et seq.) & adds secs. 5106a & 5106b. TIE BAR WITH: HB 4171'23

CA SB1024

Replacement of an incapacitated or deceased professional fiduciary.

MI HB4728

Occupations: individual licensing and registration; licensure of professional guardians and conservators; require. Amends sec. 303a of 1980 PA 299 (MCL 339.303a) & adds art. 14A.