I. If the proportionate fault of the parties to a claim for contribution has been established as provided in RSA 507:7-e, a party paying more than its proportionate share of the obligation may recover judgment for contribution upon motion in the same action, or by separate action.
II. If the proportionate fault of the parties to the claim for contribution has not been established, contribution may be enforced in a separate action, whether or not a judgment has been rendered against either the person seeking contribution or the person from whom contribution is being sought.
III. If a judgment has been rendered, the action for contribution must be commenced within one year after the judgment becomes final. If no judgment has been rendered, the person bringing the action for contribution must have either (a) discharged by payment the common liability within the period of the statute of limitations applicable to the claimant’s right of action against that person and commenced the action for contribution within one year after payment, or (b) agreed while action was pending to discharge the common liability and, within one year after the agreement, have paid liability and commenced an action for contribution.
IV. All such claims for contribution shall be resolved by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof except as follows:
(a) A party seeking contribution by separate action may at the outset elect to have the contribution action heard in a court of competent jurisdiction by filing an action in court; or
(b) A party against whom contribution is sought in a separate action may, within 60 days of receiving notice by certified mail of a demand for arbitration, elect to have the contribution action heard by a court of competent jurisdiction. Such election shall be made by notice by regular mail to the party seeking contribution or his counsel.
(c) Notwithstanding the foregoing, if and only if the plaintiff in the principal action agrees, a defendant seeking contribution may bring an action in contribution prior to the resolution of the plaintiff’s principal action, and such action shall be consolidated for all purposes with the principal action.
Source. 1986, 227:2, eff. July 1, 1986.