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KOEHLER v. DONNELLY

No. 20320.

838 P.2d 980 (1992)

114 N.M. 363

Kurt KOEHLER, Plaintiff-Appellee, v. Patrick DONNELLY, d/b/a Patrick Donnelly Landscape Company, Defendant-Appellant.

Supreme Court of New Mexico.

September 3, 1992.

Attorney(s) appearing for the Case

David P. Barton, Santa Fe, for defendant-appellant.

Catron, Catron & Sawtell, P.A., Michael T. Pottow, Santa Fe, for plaintiff-appellee.

OPINION

FRANCHINI, Justice.

In this appeal we address whether a contractor was in substantial compliance with the Construction Industries Licensing Act, NMSA 1978, §§ 60-13-1 to -59 (Repl.Pamp. 1989) (CILA), despite an inadvertent lapse in his license prior to entering into and performing a construction contract. We hold that in this particular case the contractor was in substantial compliance and, therefore, could file a lien or use the courts...

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