Legal Opinion
Davis & Associates, Inc. v. Midcon, Inc.
New Mexico Court of Appeals
Decided March 4, 1999No. 19,437PublishedCited by 3 opinions
1Opinion of the Court
OPINION
DONNELLY, J.
{1} Davis and Associates, Inc. (Davis), appeals from an order of the district court dismissing its cross-claim for unjust enrichment and constructive trust against Mideon, Inc. (Mideon), the successful bidder in a public works project. The principal issue presented on appeal is whether NMSA 1978, § 13-1-183 (1984), of the Procurement Code, NMSA 1978, §§ 13-1-28 to -199 (1984, as amended through 1998), provides the exclusive remedy for an unsuccessful bidder who seeks to challenge the acts of a third party whose protest results in the rejection of the other’s bid. For the…
2Cases cited12 opinions
- United States, Appellant/cross-Appellee v. John C. Grimberg Co., Inc. And W.M. Schlosser Co., Inc., Appellees/cross-AppellantsCourt of Appeals for the Federal Circuit · 1983
- Sims v. SimsNew Mexico Supreme Court · 1996
- Magellan Corp. v. United StatesUnited States Court of Federal Claims · 1993
- M & M Rental Tools, Inc. v. Milchem, Inc.New Mexico Court of Appeals · 1980
- GCM, Inc. v. Kentucky Central Life InsuranceNew Mexico Supreme Court · 1997
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3Cited by3 opinions
- Bd. of Cnty. Comm'rs v. Granite Hangar Dev. Co.New Mexico Court of Appeals · 2014
- RMCI v. Albuquerque Bernalillo Cnty. Water Auth.New Mexico Court of Appeals · 2014
- Res Lighting v. RMKMANew Mexico Court of Appeals · 2011