New Mexico Amendment of Articles to Expand Indemnification of Agents

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US-CC-17-189-NE
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FAQ

A provision in a construction contract that requires one party to the contract to indemnify, hold harmless, insure or defend the other party to the contract, including the other party's employees or agents, against liability, claims, damages, losses or expenses, including attorney fees, arising out of bodily injury to ...

A provision in a construction contract that requires one party to the contract to indemnify, hold harmless, insure or defend the other party to the contract, including the other party's employees or agents, against liability, claims, damages, losses or expenses, including attorney fees, arising out of bodily injury to ...

In legal terms, an Act of Indemnity is a statute passed to protect people who have committed some illegal act which would otherwise cause them to be subjected to legal penalties.

New Mexico law contains a statute which voids construction contracts as against public policy when a contract attempts to indemnify, hold harmless, insure, or defend a party for its own negligence. See N.M. Stat. Ann. § 56-7-1 (2022).

An anti-indemnity statute is a law defining how much risk can be transferred between parties in a contract and is oftentimes used in construction contracts. An anti-indemnity statute protects sub-contractors from risks they take on from a primary contractor.

The New Mexico Oilfield Anti-Indemnity Act (NMOAIA) voids indemnity agreements that purport to indemnify a party against liability for damages caused by the party's own negligence.

Product Liability:Three (3) years from when claim accrues. Personal Injury (Caused by Negligence):Three (3) years from when claim accrues. Statute of Repose:No specific statute of repose for product liability actions.

Some states like New Mexico have a ten-year statute of repose, while others have shorter periods.

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New Mexico Amendment of Articles to Expand Indemnification of Agents