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
BINGO Word of the Day – July 5th
The current game is now: T’s BINGO – make a “T” either right side up, upside down or sideways. Today’s Useless Fact: Racehorses have been known to wear out new shoes in one race. Here is today’s word: EUGENE PETERSON Previously called words: BRIAN MOFFITT EXPERT WITNESS INSURANCE CLAIMS MERLIN TAYLOR… Continue reading BINGO Word of the Day – July 5th
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
Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals
James J. Sienicki and Eric Spencer – June 20, 2013 Accidents and losses unfortunately happen on construction projects. Thus, it is prudent, on the front end of a project, to prospectively determine which party or parties will ultimately pay in the event accidental damage or loss occurs. This risk is often allocated through an interlocking… Continue reading Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals