Chapter 443

443.18(1)(a) (a) Any person who practices or offers to practice architecture, landscape architecture, or professional engineering in this state, or who uses the term “architect,” “landscape architect,” or “professional engineer” as part of the person’s business name or title, except as provided in s. 443.08 (6), or in any way represents himself or herself as an architect, landscape architect, or a professional engineer unless the person is registered or exempted in accordance with this chapter, or unless the person is the holder of an unexpired permit issued under s. 443.10 (1) (d), or any person presenting or attempting to use as his or her own the certificate of registration of another, or any person who gives any false or forged evidence of any kind to the examining board or to any section of the examining board or to any member of the examining board or to any member of any section of the examining board in obtaining a certificate of registration, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked certificate of registration, or violates any of the provisions of this section, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.

443.18(1)(b) (b) All duly constituted officers of the law of this state or any political subdivision shall enforce this chapter and prosecute any persons violating this chapter.

443.18(2) (2) Injunction.

443.18(2)(a) (a) If it appears upon complaint to the examining board or to any section of the examining board by any person, or is known to the examining board or to any section of the examining board that any person who is neither registered nor exempt under this chapter nor the holder of an unexpired permit under s. 443.10 (1) (d) is practicing or offering to practice, or is about to practice or to offer to practice, architecture, landscape architecture, or professional engineering in this state, the appropriate section of the examining board or the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of this state against any such person to enjoin the person from practicing or offering to practice architecture, landscape architecture, or professional engineering.

443.18(2)(b) (b) If it appears upon complaint to the examining board by any person, or is known to the examining board that any person who does not have a license to engage in the practice of professional land surveying in this state, or who is not exempt or excepted from the licensure requirements under this chapter, is engaging in or offering to engage in the practice of professional land surveying in this state, the professional land surveyor section, the examining board, the department, the department of justice, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of the state to enjoin the person from engaging in or offering to engage in the practice of professional land surveying.

443.18(3) (3) Penalties; law enforcement. Any person who violates this chapter shall be fined not more than $500 or imprisoned not more than 3 months or both.

443.18 History History: 1979 c. 167 ss. 27, 28, 45, 46; 1981 c. 20; 1993 a. 463, 465, 491; 1997 a. 300; 1995 a. 85; 2009 a. 123; 2011 a. 146; 2013 a. 358.

443.20 443.20 Indemnification in civil contracts.

443.20(1) (1) In this section:

443.20(1)(a) (a) “Civil contract” means any contractual agreement between the state or a political subdivision and a private entity.

443.20(1)(b) (b) “Design professional” means any of the following:

443.20(1)(b)1. 1. Architect.

443.20(1)(b)2. 2. Engineer-in-training.

443.20(1)(b)3. 3. Landscape architect.

443.20(1)(b)4. 4. Professional engineer.

443.20(1)(b)5. 5. Professional land surveyor.

443.20(1)(b)6. 6. Wisconsin registered interior designer.

443.20(1)(c) (c) “Design professional services” means 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, including the following:

443.20(1)(c)1. 1. Studies.

443.20(1)(c)2. 2. Planning.

443.20(1)(c)3. 3. Surveys.

443.20(1)(c)4. 4. Project management.

443.20(1)(c)5. 5. Traffic management.

443.20(1)(c)6. 6. Preparatory work.

443.20(2) (2) Notwithstanding s. 895.447, any provision of a civil contract containing any of the following, explicitly or in effect, is void and unenforceable:

443.20(2)(a) (a) A provision requiring a private entity performing design professional services to indemnify the state or any political subdivision, except as provided in sub. (3) (a).

443.20(2)(b) (b) A provision requiring a private entity performing design professional services to defend the state or any political subdivision in any legal action.

443.20(3) (3) The limitations under sub. (2) (a) do not apply to any of the following:

443.20(3)(a) (a) Indemnification provisions in any civil contract 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.

443.20(3)(b) (b) Provisions required to be included in the state’s or a political subdivision’s contracts with the federal government to the extent the provisions conflict with sub. (2).

443.20(3)(c) (c) A provision in a civil design contract that requires a private entity to indemnify the state or any political subdivision for damages caused by the private entity’s acts or omissions if the acts or omissions involve reckless, wanton, or intentional misconduct.

443.20(4) (4) Nothing in this section may be construed as a waiver of any immunity or other limitation of liability described in this chapter or ch. 893 or 895.

443.20(5) (5) Nothing in this section may be construed to prohibit the state or any political subdivision from requiring a private entity to provide proof of liability insurance as a condition of contract.

443.20 History History: 2023 a. 211.