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Construction law

defects

A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In New Mexico, a construction defect is recognized as a deficiency in the design, materials, or workmanship of a building or structure that fails to meet the reasonable standards of the construction industry or the expectations of the property owner. The state follows the 'Right to Repair Act' (also known as the Homeowner Protection Act), which outlines specific procedures and timelines that must be followed before a homeowner can file a lawsuit for construction defects. This includes providing the contractor with a chance to inspect and repair the defects. The statute of limitations for construction defects in New Mexico is generally four years from the date the defect was discovered or should have been discovered. However, there is also a ten-year statute of repose that limits the time during which a claim can be brought, starting from the date of substantial completion of the construction. It is important for property owners and contractors to be aware of these regulations to ensure that any claims or defenses are timely and properly handled.

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Construction law

defects

Individual & Family Legal Plan

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New-Mexico State Code

New-Mexico State Code

Construction law

defects

Articles