New Mexico § 37-1-27 - Construction projects; limitation on actions for defective or unsafe conditions

§ 37-1-27. Construction projects; limitation on actions for defective or unsafe conditions

No action to recover damages for any injury to property, real or personal, or for

injury to the person, or for bodily injury or wrongful death, arising out of the defective

or unsafe condition of a physical improvement to real property, nor any action for

contribution or indemnity for damages so sustained, against any person performing

or furnishing the construction or the design, planning, supervision, inspection or

administration of construction of such improvement to real property, and on account

of such activity, shall be brought after ten years from the date of substantial completion

of such improvement; provided this limitation shall not apply to any action based

on a contract, warranty or guarantee which contains express terms inconsistent herewith. The date of substantial completion shall mean the date when construction is sufficiently

completed so that the owner can occupy or use the improvement for the purpose for

which it was intended, or the date on which the owner does so occupy or use the improvement,

or the date established by the contractor as the date of substantial completion, whichever

date occurs last.