One-Sided Arbitration Clauses: New Mexico Court Decides Fight Between Contractor and Subcontractor

Matthew DeVries | Best Practices Construction Law As a single dad of seven, resolving daily disputes is a common occurrence in my house. Whether it’s whose turn it is to pick the next Netflix stream or who gets the last Crumbl cookie, disagreements are inevitable. Fortunately for my kids, they don’t need to go to an arbitrator or judge… Continue reading One-Sided Arbitration Clauses: New Mexico Court Decides Fight Between Contractor and Subcontractor

New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable

Bill Wilson | Construction Law Zone Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly enforce contract terms as written as well as the… Continue reading New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable

Appellate Court Holds That the New Mexico Unfair Practices Act Applies to a “Services” Contract for the Construction of a Home, But Does Not Apply to a “Sales” Contract for the Sale of a Completed Home

Kristopher Berr | Pepper Hamilton LLP | October 5, 2017 Fogelson v. Bozzone, 2017 N.M. App. LEXIS 58 (July 26, 2017) In May of 2008, Wallen Development, LLC (“Wallen”) entered into a written agreement to construct and sell a new home to David and Corinne Fogelson (“Fogelson”). But, after Fogelson paid Wallen in excess of… Continue reading Appellate Court Holds That the New Mexico Unfair Practices Act Applies to a “Services” Contract for the Construction of a Home, But Does Not Apply to a “Sales” Contract for the Sale of a Completed Home

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