New Mexico Contractor Indemnification

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Multi-State
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US-CGMCA-19
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This is a Contractor Indemnification form, to be used across the United States. It is used to protect yourself against lawsuits by a Contractor's Employees.

New Mexico Contractor Indemnification is a legal concept that involves transferring the risks associated with a construction project from one party to another through a contractual agreement. It is a crucial aspect of any construction contract as it helps protect the contractor and other project stakeholders from potential liabilities and financial losses that may arise during the project. In New Mexico, there are various types of contractor indemnification provisions that can be included in construction contracts. These provisions are designed to allocate responsibility for potential damages, injuries, or losses that may occur during the project. The types of indemnification commonly seen in New Mexico contracts are: 1. Broad Form Indemnification: This type of indemnification offers the highest level of protection to the indemnity (the party being indemnified) as it requires the indemnity (the party providing the indemnity) to assume the responsibility for all damages, injuries, or losses, regardless of fault. It provides comprehensive coverage to the indemnity. 2. Intermediate Form Indemnification: Intermediate form indemnification strikes a balance between broad and limited forms. The indemnity is responsible for damages caused by their own negligence or fault but not for damages caused by the indemnity's negligence or fault. This type of indemnification aims to promote fairness and equitable allocation of risks. 3. Limited Form Indemnification: Limited form indemnification, also known as "no-fault" indemnification, only requires the indemnity to indemnify the indemnity for damages caused solely by the indemnity's negligence or fault. The indemnity remains responsible for damages caused by their own negligence or fault. This type of indemnification limits the scope of responsibility for the indemnity. 4. Mutual Indemnification: Mutual indemnification provisions require both parties involved in the construction project to indemnify each other. This type of indemnification ensures that both parties share the risks and responsibilities associated with the project in a fair and equitable manner. Contractor indemnification provisions in New Mexico are crucial in shifting liability and protecting parties involved in a construction project. They help mitigate potential financial risks and ensure that the responsible party bears the costs associated with any damages, injuries, or losses that may occur. It is important for contractors, developers, and other project stakeholders to carefully review and negotiate these provisions to ensure they align with their risk tolerance and protect their interests.

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FAQ

§ 56?7?2(A) (?An agreement, covenant or promise, foreign or domestic, contained in ? an agreement pertaining to a well for oil, gas or water, or mine for a mineral, within New Mexico, that purports to indemnify the indemnitee against loss or liability for damages arising from the circumstances specified ? is against ...

Indemnity being a 'hold harmless' agreement This clause absolves the manufacturing company of losses in case one of the contractor's personnel gets injured while using the crane. The contractor here indemnifies the manufacturer.

Indemnity clause examples include: Example 1: Hold harmless agreements in service contracts. Example 2: Vendor agreements to shield you from contractor actions. Example 3: Nexus phrases in employment agreements.

Indemnity between primary and secondary wrongdoers. ? New Mexico recognizes a common-law right of indemnity in favor of a tortfeasor who has been guilty of only passive or secondary negligence against another who has been guilty of active or primary negligence. Morris v. Uhl & Lopez Eng'rs, Inc., 442 F.

In the indemnity clause, one party commits to compensate another party for any prospective loss or damage. More common is in insurance contracts, in exchange for premiums paid by the insured to the insurer, the insurer offers to compensate the insured for any potential damages or losses.

Indemnity is implicated when a person discharges another's duty: A person who, in whole or in part, has discharged a duty which is owed by him but which as between himself and another should have been discharged by the other, is entitled to indemnity from the other, unless the payor is barred by the wrongful nature of ...

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.

Thus, it is critical for every contractor to understand the meaning of indemnification before executing a contract. An indemnification provision is a contractual provision under which one party (the indemnitor) agrees to assume liability for the losses incurred by another party (the indemnitee).

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No contract governed by this rule shall contain any provision whereby a state agency agrees to indemnify a contractor or provide a contractor with a limitation ... New Mexico recognizes proportional indemnification, which allows defendants to recover from a third-party for the portion of a plaintiff's loss which the third- ...The obligation of Agent to so indemnify the Company is expressly contingent upon the Company's notifying the Agent, in writing, within seven (7) calendar days ... Sep 30, 2021 — In New Mexico, you can file a mechanic's lien against a specific ... the owner must file their lien within 120 days of completion of the contract. Jul 26, 2018 — Many construction contracts contain indemnity provisions requiring one party to indemnify the other. New Mexico's Construction Anti-Indemnity ... Feb 25, 2020 — The answer may come in the form of a mandatory venue provision. Summary. The New Mexico Oilfield Anti-Indemnity Act (NMOAIA) voids indemnity ... Jun 20, 2013 — A provision in a construction contract that requires one party to the contract to indemnify, hold harmless, insure or defend the other party to ... (A) The company, as a condition of the grant of this franchise, and in consideration thereof, shall protect, indemnify, and hold the city harmless against ... For example, New Mexico Code Section 56-7-1 broadly forbids agreements which require a party to indemnify, hold harmless, or defend the indemnitee for claims ... Apr 29, 2019 — An indemnity agreement violates the Act, and is unenforceable, if it requires “one party to the contract to indemnify, hold harmless, insure or ...

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New Mexico Contractor Indemnification