The failure of a contracting party to substantially perform the terms and conditions of a construction contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.
This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Understanding New Mexico Complaints Against Building Contractors for Failure to Complete Construction Introduction: In New Mexico, complaints against building contractors for failure to complete construction are a common issue faced by homeowners and property owners. When a building contractor fails to fulfill their contractual obligations, it can create significant disruptions and financial hardships. This article aims to provide a detailed description of the New Mexico complaint process for such cases, highlight key elements, and address different types of complaints that can arise. Keywords: New Mexico, complaint, building contractor, failure to complete, construction I. Understanding the Complaint Process in New Mexico 1. Filing the Complaint: — Submitting a written complaint to the New Mexico Construction Industries Division (CID). — Providing a detailed description of the complaint, including specific instances of failure to complete construction, and supporting evidence. — Including relevant documents, such as the initial contract, change orders, and payment records, as evidence. 2. Investigation and Mediation: — CID conducts an investigation into the complaint, examining the evidence provided and interviewing involved parties. — Mediation may be offered to resolve the dispute between the homeowner and the building contractor. — If mediation fails, the CID will proceed with further actions. 3. Legal Proceedings: — If the CID determines there is sufficient evidence to support the complaint, formal charges may be filed against the building contractor. — Depending on the severity of the case, the complaint may be referred to the district attorney for criminal charges. II. Types of Complaints Against Building Contractors in New Mexico 1. Abandonment of Construction Project: — Contractor fails to continue work without valid justification. — Leaving the project incomplete, causing substantial inconvenience and financial loss for property owners. 2. Unreasonable Delays: — Building contractor consistently fails to meet project deadlines, causing significant delays. — Delays lead to additional expenses, extended rental costs, or loss of use of the property. 3. Substandard Workmanship: — Building contractor performs work that does not meet industry standards or agreed-upon specifications. — Poor craftsmanship, inadequate materials, or failure to adhere to safety codes and regulations. 4. Failure to Obtain Required Permits: — Building contractor neglects to secure necessary permits for the construction project. — Failure to comply with legal requirements can lead to penalties or project shutdowns. 5. Breach of Contract: — Building contractor fails to fulfill the terms and conditions specified in the construction contract. — Examples include failure to deliver agreed-upon materials, adherence to specifications, or meet construction milestones. Conclusion: Filing a complaint against a building contractor for failure to complete construction can be a complex process. The New Mexico Construction Industries Division provides an avenue for homeowners and property owners to address such issues and seek resolution. It is essential to gather comprehensive evidence and documentation to strengthen the case. Understanding the different types of complaints against building contractors can help property owners identify the specific grounds for their complaint and seek appropriate action.
