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SUNDANCE MECH. & UTILITY CORP. v. ARMIJO

No. 16600.

741 P.2d 1370 (1987)

106 N.M. 249

SUNDANCE MECHANICAL & UTILITY CORPORATION, a New Mexico Corporation, Plaintiff-Appellee, v. Victor Lee ARMIJO and Dora Lee Armijo, his wife, Defendants-Appellants, v. Arthur S. PADILLA d/b/a Padilla & Sons Plastering, et al., Defendants-Appellees.

Supreme Court of New Mexico.

September 1, 1987.

Attorney(s) appearing for the Case

Tito D. Chavez, Albuquerque, for defendants-appellants.

James A. Artley, J. Kerwin Hollowwa, Albuquerque, for plaintiff-appellee Sundance.

Stuart Hines, Albuquerque, for defendant-appellee FED.

Sutin, Thayer & Browne, Jay D. Hertz, Sasha Siemel, Albuquerque, for defendant-appellee Whirlpool.

Bradford H. Zeikus, Albuquerque, for defendant-appellee McCullough.

Peter Everett, IV, Albuquerque, for defendant-appellee Hector Gonzales.

Toulouse, Toulouse & Garcia, Narciso Garcia, Jr., Albuquerque, for defendants-appellees Gentry and Valdez.

OPINION

STOWERS, Justice.

This appeal presents a single question: In a case where the original contractor gives no notice to the owner of a residence (containing not more than four dwelling units) regarding the right of subcontractors to file mechanics' and materialmen's liens, does NMSA 1978, Section 48-2-10.1 (Repl.Pamp. 1987) operate to discharge the owner from such liens filed less than ninety days after completion of construction but filed after the...

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