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
Tag: Construction Contract
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
You Should (Almost) Never Request A Jury For A Construction Case
Scott S. Orenstein Construction Contract disputes are complicated legal matters. Both sides usually have valid points to make. The winner is determined by the application of relatively complex facts to the law. Such cases often involve information beyond the knowledge and understanding of the average juror. Although it is true that most judges do not… Continue reading You Should (Almost) Never Request A Jury For A Construction Case
Michigan Legislature Expands Scope of Construction Contract “Sole Negligence” Indemnity Limitation Statute
Brian Page – March 28, 2013 Michigan statute (MCL 669.991) provides that a provision in a contract for the construction, alteration, repair or maintenance of a building, structure or appurtenance that would cause the contractor to indemnify the owner against damages arising from bodily injury or damage to property caused by or resulting from the… Continue reading Michigan Legislature Expands Scope of Construction Contract “Sole Negligence” Indemnity Limitation Statute
What is the Price of this Construction Contract?
Vincent G. Nelan – November 19, 2012 I had a conversation about a price term used in construction contracts that I thought the person I was talking with should have known. When I reflected on that conversation, I realized that it has taken me some time to understand the terms used in construction contracts and… Continue reading What is the Price of this Construction Contract?