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Construction Law Not Exclusively Contractual

New Mexico attorneys who practice construction law rely on the actual contracts between parties to a dispute. However, not all matters of dispute in construction cases get litigated just on the basis of contractual claims. New Mexico litigators rely on a variety of claims in construction cases, the nature of each being described below:

  • Negligence – In situations where the contract does not specifically state that a builder or contractor must avoid acting negligently but the conduct of the offending party clearly represents actionable negligent conduct.

  • Negligence per se – Where certain building codes, ordinances or statutes specifically prescribe the manner in which particular types of building tasks must be performed or materials be used for a certain jurisdiction.

  • Malpractice of Architects and Engineers – As certain professional standards apply to the way in which certified architects and engineers must conduct their vocation, a violation of these standards by architects or engineers may also give rise to a claim.

  • Strict Liability – Some conduct is prohibited by law even if there is no negligence or contract breach involved; these acts which are so designated as illegal can give rise to this kind of claim.

  • Warranty – In this context, there may be a warranty in a contract which a party violates; the kind of warranty breached may determine the kind of remedy that can address what constitutes a Uniform Commercial Code (UCC) issue.

  • Implied Warranty – Where no contract states such a warranty expressly but it is implied by the UCC, as it is so adopted in New Mexico.     

  • Misrepresentation – Certain representations to an agreement for construction work may be considered so material or significant to the transaction that, if such is deemed false, then it could provide a basis for a claim.

  • Interference with contractual relations – If a party with whom you do business intentionally interferes with a relationship that party knows you have a contract, to your detriment and that party’s favor, such conduct could be actionable.

  • Interference with prospective business advantage – Similar to interference with contractual relations except the interference is with someone you do not have a contractual relationship but with someone you intend to do business; this is a harder claim to prove for that very reason.

  • Fraud – Where the party you are dealing with makes fraudulent misrepresentations or acts in a fraudulent manner even if not specifically proscribed by contract.


Attorney George “Dave”Giddens has spent 30 years handling construction cases for many businesses and contractors. Contact the Law Office of George “Dave”Giddens, P.C. at (505) 633-6298 to set up an appointment or visit the firm’s website at Giddens & Gatton Law, P.C. is located at 10400 Academy Road N.E., Suite 350 in Albuquerque, New Mexico.      

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