Legal Opinion

Board of Education Taos Municipal Schools v. Architects

New Mexico Supreme Court

Decided November 12, 1985No. 15648PublishedCited by 21 opinions

1Opinion of the Court

OPINION

SOSA, Senior Justice.

The issue presented in this case requires us to develop guidelines to establish at what point a party, by participating in litigation, has waived a contractual right to arbitration.

Plaintiff, Taos Municipal School District (Taos) originally filed suit on May 1, 1978 against Pendleton Construction Company (Pendleton) and its bonding company, the American Fidelity Fire Insurance Company (Fidelity) seeking damages for Pendleton’s breach of a contract for construction of a school building. By its Second Amended Complaint, filed on July 29, 1983, Taos Schools joined as…

2Cases cited3 opinions

  1. United Nuclear Corp. v. General Atomic Co.New Mexico Supreme Court · 1979
  2. Bernalillo County Medical Center Employees' Ass'n Local Union No. 2370 v. CancelosiNew Mexico Supreme Court · 1978
  3. Wood v. Millers National InsuranceNew Mexico Supreme Court · 1981

3Cited by21 opinions

  1. Central Florida Investments, Inc. v. Parkwest AssociatesUtah Supreme Court · 2002
  2. Chandler v. Blue Cross Blue Shield of UtahUtah Supreme Court · 1992
  3. Valley Construction Co. v. Perry Host Management Co.Court of Appeals of Kentucky · 1990
  4. Laurich v. Red Lobster Rests., LLCDistrict Court, D. New Mexico · 2017
  5. Monette v. TinsleyNew Mexico Court of Appeals · 1999

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