Construction and Design

The practice of construction and design law in New Mexico requires not only experience with the issues surrounding construction, project management, and design, but a knowledge of the practical considerations of the industry and the relationships between parties that can lead to disputes. Effective advice also requires a working knowledge of the applicable statutes, regulations, agency interpretations, and common law rules, particularly for clients entering into the New Mexico construction market for the first time. There are regulatory and statutory requirements for engineers, architects, and other design professionals as well as surveyors. There are construction licensing issues affecting construction, subcontractors, and construction managers. Public works projects have numerous statutory requirements, including bonding requirements and procurement requirements. Special laws apply to pursuing collection remedies against bonds on public works projects.

Complex Construction-Related Requirements

In the private sector, there are somewhat complex requirements governing the rights of contractors, subcontractors, suppliers, and laborers to file mechanics' and materialmens' liens to secure payment for their work or materials. Failure to follow and fulfill those requirements will often lead to a loss of lien rights. There are also statutory provisions and case opinions that govern the treatment and enforcement of various construction provisions in New Mexico that require specialized experience. Resolution of those disputes (whether through the court proceeding, arbitration, or mediation) also require knowledge of the New Mexico court system, the New Mexico arbitration statutes, and the New Mexico mediation practices. Finally, there are special lender considerations involving construction loans issued in New Mexico to be considered by any lender contemplating funding a construction project.

Over 25 Years of Construction & Design Law Experience

Modrall Sperling's primary construction and design law attorney (James P. Houghton) has over 25 years experience in representing both public and private concerns in all aspects of construction and design law. He has represented design professionals (both architects and engineers) individually and through their insurance carriers in arbitration, litigation and mediation. He has also represented general contractors, subcontractors, and suppliers, not only in pursuing payment claims on their behalf but also in developing contract document systems to comply with New Mexico law. He has represented numerous owners and their construction management teams in the various aspects of construction projects and in resolving disputes through litigation, arbitration, or mediation. He has worked on federal, state, local municipal and private projects ranging from claims involving the Waste Isolation Plant Project (WIPP), Sandia National Labs, and numerous private commercial projects to residential claims.