Safeway, Inc. v. Rooter 2000 Plumbing & Drain SSS

OPINION

VIGIL, Judge.

{1} This case requires us to examine which version of New Mexico’s anti-indemnity statute applies to an agreement between a contractor and a landowner: the version of the statute that was in force when the parties signed the agreement, or the amended version that was in force when the contractor performed the work and the accident occurred. We conclude that the version of the statute that was in effect when the contract was signed applies and that the statute voided the contractor’s agreement to indemnify but not its agreement to defend and insure. We also conclude that…