Senate Bill 589
Indemnity clauses in construction contracts
Topics: Contractor, Contracts, Contributory negligence
Stopped before the full Senate voted
The recommended passing it, but the full Senate never voted on it. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Mar 4, 2010
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Committee, passed
Approved
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Senate vote, stopped here
Stopped here. The full Senate never voted on it.
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Assembly vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ”
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, any provision in an agreement, other than an insurance contract or worker's compensation plan, relating to the construction, alteration, repair, or maintenance of a building that limits or eliminates tort liability is against public policy and void. The Wisconsin Court of Appeals, in Gerdmann v. U.S. Fire Insurance Co.
, 119 Wis. 2d 367 (Ct. App. 1984), held that this law does not apply to an indemnity clause in a contract in which a subcontractor agreed to hold the contractor harmless from any liability for damages resulting from the work of the contractor or subcontractor under the contract.
Read the full summary Show less
This bill overturns that decision, providing that construction contracts that require a person to indemnify or hold harmless another person from, or insure or defend another person against, any claim or damage resulting from the acts or omissions of the other person are against public policy and void. The bill also provides that any clause that is a part of a construction contract and that waives a person's right of subrogation is against public policy and void.
Who's behind it
2 lawmakers are its . 1 is a Democrat. 1 has no party on record.
1 more lawmaker .
See all 3 names Hide the names
Authors (2)
- Lena Taylor · Democrat, Senate
- by request of American Subcontractors Association of Wisconsin
Signed on in support (1)
- Ted Zigmunt · Democrat, Assembly
How lawmakers voted
There was one vote on this bill.
Senate Committee on Judiciary vote to recommend it
Passed, 4 to 1 · Apr 20, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 4, Noes 1”. Official record · This vote on its own page
What happened
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Apr 28, 2010
The session ended, and the bill died with it.
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Apr 20, 2010
The committee voted to recommend passing it, 4 to 1.
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Mar 23, 2010
The committee held a public hearing.
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Mar 4, 2010
Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.
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Mar 4, 2010
Introduced in the Senate.
See the official record, word for word Hide the official record
- Mar 4, 2010 · Senate
Introduced by Senator Taylor, by request of American Subcontractors Association of Wisconsin;Cosponsored by Representative Zigmunt
- Mar 4, 2010 · Senate
Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing
- Mar 23, 2010 · Senate
Public hearing held
- Apr 19, 2010 · Senate
Executive action taken
- Apr 20, 2010 · Senate
Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 4, Noes 1
- Apr 20, 2010 · Senate
Available for scheduling
- Apr 28, 2010 · Senate
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote