Troy K. Smith – July 10, 2013 Sometimes it is good to review the basics. For instance, with Florida’s Construction Lien Act, it is easy to remember that alienor may obtain a lien for any unpaid “contract price” related to the permanent improvement of privately owned real estate. But what does the law consider to… Continue reading Florida’s Construction Lien Act: What Kind of Work is Lienable
Category: Construction Contracts
Utah’s Anti-Indemnification Statute and Additional Insured Provisions
Jeremy Stewart – June 22, 2013 In Utah, an agreement to indemnify in a construction contract is governed by Utah’s anti-indemnification statute, Utah Code Ann. § 13-8-1. Utah’s anti-indemnification statute defines an “indemnification provision” as an agreement between any combination of construction managers, general contractors, subcontractors, sub-subcontractors or suppliers (collectively, “construction workers”) “requiring the promisor… Continue reading Utah’s Anti-Indemnification Statute and Additional Insured Provisions
Colorado’s Anti-Indemnity and Additional Insured Law
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
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
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