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A statute of repose restricts the time in which a claim may be brought against a contractor for damages arising out of defective work in improvements to real property.
§ 37-1-4. Those founded upon accounts and unwritten contracts; those brought for injuries to property or for the conversion of personal property or for relief upon the ground of fraud, and all other actions not herein otherwise provided for and specified within four years. Laws 1880, ch.
Create an operating agreement An operating agreement is a document that outlines the way your LLC will conduct business. An operating agreement isn't required in New Mexico, but it is an essential component of your business.
Not to be confused with Statutes of Limitations, many states, and even one federal law, enacted repose statutes that bar a cause of action for product defect before the action even arises. This article explores the history, function, exceptions, and conflict-of-law considerations to little known repose statutes.
A law that extinguishes a right of action after a specified period of time has elapsed, regardless of whether the cause of action has accrued. Courts generally find that statutes of repose begin to run without interruption once the triggering event occurs.
Twenty-three states have adopted a statute of repose for product liability claims. Most statutes vary between 10 and 12 years.
Some states like New Mexico have a ten-year statute of repose, while others have shorter periods.
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.