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UNITED RENTALS v. YEAROUT MECHANICAL

No. 31,860.

237 P.3d 728 (2010)

2010-NMSC-030

UNITED RENTALS NORTHWEST, INC., an Oregon corporation, Plaintiff-Appellant, v. YEAROUT MECHANICAL, INC., a New Mexico corporation, Defendant-Appellee.

Supreme Court of New Mexico.

June 17, 2010.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco, Leslie McCarthy Apodaca, Charles J. Vigil, Albuquerque, NM, for Appellant.

Atwood, Malone, Turner & Sabin, P.A., Bryan D. Evans, Roswell, NM, for Appellee.

OPINION

DANIELS, Chief Justice.

{1} The New Mexico Legislature has mandated that any indemnity clause in a construction contract that seeks to shift tort liability from one party to another "is void, unenforceable and against the public policy of the state." NMSA 1978, § 56-7-1(A) (2005). In this case, we answer a question that has been certified to us by the United States Court of Appeals for the Tenth Circuit: Is a contract for the rental...

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