Malibu Pools of New Mexico, Inc. v. Harvard

OPINION

RIORDAN, Justice.

The plaintiff, Malibu Pools of New Mexico, Inc., (Malibu) performed services and furnished materials in 1976 for construction of a swimming pool and garden room at the residence of defendants, Lee and Joanne Harvard (Harvard). As a result of disputes between the parties over the construction agreement, Harvard terminated progress payments and Malibu discontinued work on the project.

Malibu filed a demand for arbitration of the dispute pursuant to the contract between the parties. In response, Harvard claimed that Malibu owed Harvard $36,000 in damages caused by improper…