Lawrence T. Bowman, Donald A. Waltz and Ashley Veitenheimer | Kane Russell Coleman Logan | February 19, 2019 I. INTRODUCTION The construction industry is the largest single production sector in the United States economy. Construction encompasses a significant percentage of capital expenditures. It employs approximately five percent of the workforce. This is a significant percentage… Continue reading Risk Transfer in Construction: Subrogation, Indemnity and Additional Insured Provisions
Tag: Additional Insured Provisions
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
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
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