Legal Question in Construction Law in Wisconsin

Re: Home designer question

The message indicates you're in Wisconsin. I'm not licensed there, but I believe that WI is among the few states that does not have an "anti-indemnity" statute. An anti-indemnity statute make it void for party A (in your case the customer) to agree to indemnify party B (you) for party B's own negligence. Such agreements are illegal, for example, under Minnesota's anti-indemnity statute unless the agreement also requires party A to procure insurance covering the indemnity obligation.

Unless one has been enacted recently, as noted above to my knowledge there is no such statute in WI. That doesn't mean, however, that a court would necessarily uphold such a clause in your contract, because courts generally frown on such clauses as being against public policy.

There are a lot of other ways to minimize your risk as a designer without flat-out requiring the customer to indemnify you for your own negligence (who would sign such a clause, anyway, if they read the contract?!). Also, notwithstanding the initial cost, I highly recommend getting E&O insurance...just as you would insure your car or house.

Standard disclaimer: The comments above are based on limited facts and should not be considered legal advice. We do not have an attorney-client relationship. That said, good luck to you and let me know if I can be of further assistance.