SB 491

This bill prohibits the enforcement of any provision in a contract between the

state or a political subdivision and a private entity that is engaged in design

professional services that requires the private entity to indemnify or defend the state

or a political subdivision. Under the bill, design professional services is defined to

mean any service performed by a design professional and services performed by

others that arise out of or are related to services performed by a design professional.

The term “design professional” includes architects, engineers-in-training,

landscape architects, professional engineers, professional land surveyors, and

Wisconsin registered interior designers. The bill excepts from the prohibitions

described above any provision in which a private entity's indemnification obligation

is limited to losses proximately caused by the negligent performance of design

professional services by the private entity and does not exceed the proportion of a loss

caused by the negligent performance and any provision required to be included in the

state's or a political subdivision's contracts with the federal government.