HOUSE BILL 64

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Daymon Ely

 

 

 

 

 

AN ACT

RELATING TO CONSTRUCTION; REQUIRING DETAILED PLEADINGS PERTAINING TO CONSTRUCTION DEFECT CLAIMS; DECLARING AN EMERGENCY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] JUDICIAL PLEADINGS--CLAIMS FOR RELIEF--DEFECTIVE OR UNSAFE IMPROVEMENTS TO REAL PROPERTY.--

          A. A pleading that sets forth a claim for relief arising out of the defective or unsafe condition of a physical improvement to real property, whether an original claim, counterclaim, cross-claim or third-party claim, shall contain, in addition to any information required by applicable judicial rules:

                (1) a description of the details of the defective or unsafe condition, including the exact location of the defective or unsafe condition;

                (2) a description of the details of the injury or damage arising from the defective or unsafe condition, including the nature and extent of the injury or damage, if known;

                (3) a description of the details of the cause of the defective or unsafe condition;

                (4) the address of each residence that is alleged to be affected by the defective or unsafe condition;

                (5) a sworn statement by the owner of any residence or appurtenance alleged to be the subject of the injury to real or personal property and by each person alleged to have been otherwise injured as a result of the defective or unsafe condition; provided that if the claim for relief is filed on behalf of a homeowner's association, the sworn statement shall be signed by a member of the executive board or an officer of the homeowner's association; and

                (6) a statement of satisfaction of the requirements of this section.

          B. Nothing in this section shall be construed to supersede the statute of limitations with respect to a claim for relief arising out of the defective or unsafe condition of a physical improvement to property.

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.