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“Wisconsin Supreme Court Enforces Indemnification Provision”

State Bar of Wisconsin Kevin M. Long, Lars E. Gulbrandsen

Below is an excerpt:

Indemnification provisions in construction contracts can transfer enormous amounts of risk. They are very often intentional but sometimes quite random. A fairly well-developed body of law governs these provisions.

Recently, in American Family v. Cintas, the Wisconsin Supreme Court discussed this body of law and enforced an indemnification provision in a contract which called for the application of Ohio law. This decision provides guidance to those drafting, negotiating, enforcing, or defending against indemnification clauses.