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Areas of Practice
Construction and Contractor Disputes
The Firm has extensive experience in most aspects of construction law, construction litigation, government contracts and procurement law for both private and public works projects. The Firm’s experience includes litigating complex construction defect cases, preparing, analyzing and enforcing prime and subcontractor construction contracts, architect’s and engineer’s agreements and material supplier contracts. The Firm is familiar with standard form AIA documents, and has developed the Firm’s own construction contracts tailored to both residential and commercial projects. The Firm also has extensive experience in bid disputes and appeals of administrative and agency decisions at both the federal and state levels. We also represent our clients in private arbitrations and mediations under the Public Works Mediation Act. Our experience further includes prosecuting and defending cases under the Miller Act and Little Miller Act and claims and defenses in connection with surety, performance, and payment bonds. We also defend design professionals in malpractice claims and with regard to licensing and registration matters.
The Firm also represents developers and New Mexico land and ranch properties in connection with subdividing, property tax components of large ranches, and special methods of valuation and exemptions. The Firm is familiar with regulations and state and federal laws governing insurance, construction, bonding, bidding and procurement.
The Firm’s experience includes representation of clients in connection with the defective design and construction of an ethanol plant; complex litigation involving hydroelectric dam construction defects; litigation representing highway contractors for major New Mexico projects; and litigation involving soil conditions, ponding problems, roof problems, and storage tanks, defective concrete, swimming pools, nuclear effluent facilities and HVAC systems.
The Firm has further extensive experience under the New Mexico Mechanics Lien Act, including the filing, foreclosure and defense and enforcement of liens, on behalf of owners, insurers, contractors, subcontractors and pursuit of third-party subrogation claims. The Firm has also represented clients in litigation and negotiation involving the design and maintenance of public highways under the New Mexico Tort Claims Act and claims relating to eminent domain, easements and boundary disputes. The Firm has represented minority businesses, and is familiar with laws involving local and residence preferences and minority business and service-disabled veteran and minority and women owned set-asides.
Examples:
• The Firm recently advised a state agency in a large development project entailing preparation of a development agreement, negotiation of a lease with an anchor tenant, and preparation of general terms and conditions for construction contracts.
• The Firm obtained a defense verdict for an architect in a construction and design defect case who designed a multi-million dollar home that was severely damaged by soil subsidence and related issues.
• The Firm has represented clients in front of Boards of Contract Appeals and defended contractors in Federal Debarment proceedings.
• The Firm has defended contractors under the False Claims Act and Program Civil Remedies Act.
• The Firm also represents clients in connection with labor and affirmative action audits and Qui Tam actions.
Related Practice Areas
Commercial Litigation
Real Estate
