[Download] "Terry V. New Mexico State Highway Commission" by New Mexico Supreme Court # eBook PDF Kindle ePub Free

March 11, 2021

eBook details

Title: Terry V. New Mexico State Highway Commission
Author : New Mexico Supreme Court
Release Date : January 12, 1982
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

These cases, which have been certified to us from the Court of Appeals, require us to take a further look at established case law in two important areas involving contractors' liability: the ten-year limitation on actions against architects, engineers and contractors, § 37-1-27, N.M.S.A. 1978, and the limitations on a contractor's liability set forth in Tipton v. Clower, 67 N.M. 388, 356 P.2d 46 (1960). They also present a situation where a cause of action is barred by an unreasonably short limitations period. We hold that an unreasonably short limitations period denies due process and therefore reverse the trial court's grant of summary judgment for Bovay Engineers, Inc. (Bovay). We reaffirm the principles previously set forth in Tipton v. Clower, supra, and therefore affirm trial court's grant of summary judgment for defendant-appellee Brown Construction Company (Brown).