As used in the Right to Repair Act:

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Terms Used In New Mexico Statutes 42-14-2

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.

A. “construction defect” means a deficiency in the construction of a dwelling that is the result of a failure to exercise that degree of skill a reasonably prudent person skilled in such work would exercise in such circumstances;

B. “construction professional” means a contractor or subcontractor performing the construction of a dwelling;

C. “dwelling” means a newly constructed single family housing unit designed for residential use. “Dwelling” includes the systems and other components and improvements that are part of a single family housing unit at the time of construction;

D. “dwelling action” means a complaint in court or the mechanism for dispute resolution in the construction contract between the purchaser and seller involving an alleged construction defect brought by a purchaser against the seller of a dwelling arising out of or related to the construction of the dwelling;

E. “purchaser” means a person or entity who was the original purchaser or subsequent owner of a dwelling;

F. “reasonable detail” includes all of the following:

(1)     an itemized list that describes each alleged construction defect; and

(2)     the street address of the dwelling where the alleged construction defect is observed and the location in the dwelling that is the subject of the notice; and

G. “seller” means the party responsible for construction of the dwelling.