Legal Opinion

Wilger Enterprises, Inc. v. Broadway Vista Partners

New Mexico Court of Appeals

Decided June 6, 2005No. 24,747PublishedCited by 6 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} Broadway Vista Partners (Owner) contends that the hen of Wilger Enterprises, Inc., (Contractor) is invalid because Contractor did not give Owner a written prelien notice of its right to claim a lien in the event of nonpayment under NMSA 1978, Section 48-2-2.1 (1993). We hold that Section 48-2-2.1 did not require Contractor to provide Owner with a prelien notice and affirm the district court order granting Contractor summary judgment on its complaint to foreclose its mechanic’s hen.

BACKGROUND

{2} Owner and Furr’s Supermarkets, Inc., agreed to build a shopping center on…

2Cases cited19 opinions

  1. State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
  2. State v. RiveraNew Mexico Supreme Court · 2003
  3. State v. SmithNew Mexico Supreme Court · 2004
  4. State v. DavisNew Mexico Supreme Court · 2003
  5. Hovet v. Allstate InsuranceNew Mexico Supreme Court · 2004

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3Cited by6 opinions

  1. Hydro Resources Corp. v. GrayNew Mexico Supreme Court · 2007
  2. Director, Labor & Industrial Division, New Mexico Department of Labor v. Echostar Communications Corp.New Mexico Court of Appeals · 2006
  3. La Frontera Center, Inc. v. United Behavioral Health, Inc.District Court, D. New Mexico · 2017
  4. Apodaca v. Young American Insurance CompanyDistrict Court, D. New Mexico · 2019
  5. Thaxton v. GEICO Advantage Insurance CompanyDistrict Court, D. New Mexico · 2022

1 more not listed; retrieve them via the Exa API.

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