The theory on which a plaintiff may recover damages from a contractor for the latter's failure to construct a building in a workmanlike manner is that a party is entitled to have what was contracted for or its equivalent. If the defective work is remediable, the measure of damages is generally the cost of correcting the defect, but if the structure must be substantially rebuilt to conform to the contract, the measure of damages is generally the difference in value between what ought to have been done in the performance of the contract and what has in fact been done.
Title: New Mexico Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner Introduction: Filing a complaint against a builder in New Mexico for the costs of repairs made and to be made to a house not constructed in a workmanlike manner can be a complex process. This article provides a detailed description of what this complaint entails, guiding you through the relevant keywords and different types of such complaints in New Mexico. Keywords: New Mexico, complaint, builder, costs of repairs, workmanlike manner, construction, filing 1. Understanding a New Mexico Complaint Against Builder for Costs of Repairs: In New Mexico, when a homeowner experiences problems with a house not constructed in a workmanlike manner, they have the right to file a complaint against the builder. This complaint seeks compensation for the costs associated with repairs already made, as well as the anticipated costs of future repairs necessary to rectify the builder's poor construction. 2. Elements of the Complaint: To file a successful complaint against the builder in New Mexico, certain key elements must be addressed: a. Deficient Workmanship: Clearly outline the specific defects or problems resulting from the builder's poor workmanship, such as faulty electrical wiring, plumbing leaks, structural issues, or inadequate insulation. b. Inadequate Construction: Establish how the builder's construction methods failed to meet the industry standard or the building code requirements. Highlight any deviations from the agreed-upon plans and specifications. c. Financial Damages: Accurately document the costs incurred to repair the existing defects and estimate the expected costs for future repairs, ensuring they are reasonable and justifiable. d. Timely Notification: Demonstrate that the homeowner notified the builder early on about the defects and gave them an opportunity to address and rectify the issues before pursuing legal action. 3. Different Types of New Mexico Complaints Against Builders: a. Breach of Contract Complaint: When the builder fails to deliver the house as agreed upon in the contract, including workmanship warranties and quality standards. b. Negligence Complaint: If the builder's careless actions or lack of skill in construction caused the defects, such as using substandard materials or not following building codes. c. Fraudulent Misrepresentation Complaint: When the builder intentionally misrepresents the quality of their construction, materials used, or makes false promises, which leads to defects. d. Breach of Implied Warranty Complaint: In cases where the builder fails to meet the implied warranty of habitability, meaning the house is not fit to live in due to construction defects or hazards. Conclusion: Filing a New Mexico complaint against a builder for costs of repairs made and to be made to a house not constructed in a workmanlike manner requires a clear understanding of the legal process, relevant keywords, and different types of complaints. By addressing the specific elements outlined above, homeowners can seek appropriate compensation for their expenses and hold builders accountable for their inadequate construction.
