Hamilton Roofing Co. of Carlsbad, Inc. v. Carlsbad Municipal Schools Board of Education

OPINION

HARTZ, Chief Judge.(1)Under New Mexico’s Procurement Code, NMSA 1978, §§ 13-1-28 to -199 (Repl.Pamp.1992 & Cum.Supp.1996), when a central purchasing office of a local public body terminates a contract because it has determined that the contract award was in violation of law, the contractor must be compensated for “actual expenses reasonably incurred under the contract, plus a reasonable profit,” if the contractor did not act fraudulently or in bad faith, Section 13-1-182(B). The principal issue on appeal is whether the local public body is relieved of the duty to so compensate the…