TERRY v. NEW MEXICO STATE HIGHWAY COM'N

No. 13886, 14141.

645 P.2d 1375 (1982)

98 N.M. 119

Andrea K. TERRY, Personal Representative of the Estate of Robert Lynne Schlueter, Deceased, Santiago G. Chavez, Sr., Personal Representative of the Estate of David Chavez, Deceased, and Ruben Chavez, Plaintiffs-Appellants, v. NEW MEXICO STATE HIGHWAY COMMISSION, et al., Defendants, and Brown Construction Company, a corporation, Defendant-Appellee. Andrea K. TERRY, Personal Representative of the Estate of Robert Lynne Schlueter, Deceased, Santiago G. Chavez, Sr., Personal Representative of the Estate of David Chavez, Deceased, and Ruben Chavezs Plaintiffs-Appellants, v. NEW MEXICO STATE HIGHWAY COMMISSION, et al., Defendants, and Bovay Engineers, Inc., Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied June 7, 1982.


Attorney(s) appearing for the Case

Melvin L. Robins, Albuquerque, for plaintiffs-appellants.

Modrall, Sperling, Roehl, Harris & Sisk, James A. Parker, Mark B. Thompson, III, Albuquerque, for Brown Const. Co.

Rodey, Dickason, Sloan, Akin & Robb, Ray H. Rodey, W. Mark Mowery, Albuquerque, for Govan Engineers.


OPINION

PAYNE, Justice.

These cases, which have been certified to us from the Court of Appeals, require us to take a further look at established case law in two important areas involving contractors' liability: the ten-year limitation on actions against architects, engineers and contractors, § 37-1-27, N.M.S.A. 1978, and the limitations on a contractor's liability set forth in Tipton v. Clower, 67 N.M. 388,

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