Summary of New Mexicos’s Construction Defect Laws
Legal Duties of your Builder
In New Mexico claims against the builder include breach of contract, breach of express warranties, and negligence. It is well established that a builder owes a duty of care to owners to not construct substandard defective work, follow the building plans, applicable building codes, the installation requirements of the products used, and industry standards. This duty extends to original purchasers, subsequent purchasers and homeowner associations.
When the Builder Breaches Those Duties
If the builder fails to perform the work as promised in the contract, and/or breaches the duty of care owed to owners, New Mexico permits you to file a lawsuit against the builder for damages. Often, purchase contracts and CC&R’s may contain mediation and arbitration provision that may be applicable to your claims.
The Damages You Can Recover
- The reasonable cost to repair the defects and any property damage;
- Relocation costs during the repair;
- Costs for temporary or prior repairs made due to the defects;
- Loss in property value resulting from the negative perceptions associated with the property; and,
- The costs of hiring experts to investigate the defects
Time Limits for Legal Action (statute of Limitations/Statute of Repose)
In Nm you have 4 years from date of discovery, being the date you knew or should have known of the defect to bring a claim for negligence. For breach of contract or express warranty you have 6 years. The outside date to bring any claim is 10 years from the date of substantial completion.