Jonathan Allen – June 21, 2013 The Colorado anti-indemnity statute significantly affects the enforceability of indemnification provisions in Colorado construction contracts. With some limited exceptions, construction contracts imposing broad indemnity obligations—i.e., obligations requiring a party to a construction agreements to cover losses associated with another party’s own negligence—are void. Colorado’s anti-indemnity statute does not apply… Continue reading Colorado’s Anti-Indemnity and Additional Insured Law
Category: Construction
New Mexico’s Anti-Indemnity Act and Additional Insured Provisions
Joshua Grabel – June 21, 2013 The New Mexico Anti-Indemnity Act related to construction projects was adopted to “promote safety in uniquely hazardous work place environments,” like construction sites, by holding each party accountable for its actions on a construction site. See N.M.S.A. § 56-7-1 (“the Act”). The Act reads, in pertinent part: A provision in… Continue reading New Mexico’s Anti-Indemnity Act and Additional Insured Provisions
California’s Anti-Indemnification Statute and Additional Insured Provisions
Stuart J. Einbinder and Jeffrey M. Singletary – June 20, 2013 California law governing indemnification in the construction industry has recently undergone a major overhaul. Previously, a broad indemnity provision that effectively transferred the risk of loss down the chain from the owner or general contractor to the downstream contractor or subcontractor could be enforceable… Continue reading California’s Anti-Indemnification Statute and Additional Insured Provisions
Nevada Indemnification Clauses and Additional Insured Endorsements
Leon F. Mead II – June 20, 2013 Unlike many states, Nevada has no statutory prohibition on indemnification agreements within the construction context. This has been an issue of significant concern every legislative session since 1995, with 2013 being no exception. See AB367, 77th Legislative Session (2013).[1] In general, Nevada courts will enforce any type… Continue reading Nevada Indemnification Clauses and Additional Insured Endorsements
Under Construction: Southwest United States Series
Jim Sienicki – June 20, 2013 Welcome to our summer 2013 issue on indemnity and additional insured provisions in the Southwest. While contractual provisions that define liability in the event of accidental damage or loss affect most construction projects, the articles in this issue demonstrate how the laws and rules concerning indemnity and additional insured… Continue reading Under Construction: Southwest United States Series