State Contract Laws: Review applicable state-specific contract laws and indemnification statutes that govern the formation and enforcement of indemnification agreements
Anti-indemnification Statutes: Examine state and federal anti-indemnification statutes, particularly those affecting specific industries like construction
Insurance Regulations: Consider both state and federal insurance regulations governing coverage requirements, liability insurance, and specific industry requirements
Interstate Commerce Regulations: Review federal regulations regarding interstate commerce if the agreement spans multiple states
Common Law Principles: Consider fundamental contract formation principles under common law, including offer, acceptance, consideration, and capacity
Public Policy Limitations: Review public policy restrictions on indemnification and limitations on the scope of hold harmless agreements
Unconscionability Doctrine: Consider legal principles regarding unfair or one-sided contract terms that might render the agreement unenforceable
Workers' Compensation Laws: Review state-specific workers' compensation requirements and their interaction with indemnification provisions
Industry-Specific Regulations: Consider regulations specific to relevant industries (construction, healthcare, professional services, environmental) that may affect indemnification terms
Statute of Limitations: Review applicable time limits for bringing claims under the agreement as specified by state law
Statute of Frauds: Ensure compliance with state-specific Statute of Frauds requirements for written contracts and indemnification agreements
