ROMERO EXCAVATION v. BRADLEY CONST.

No. 22714.

913 P.2d 659 (1996)

121 N.M. 471

ROMERO EXCAVATION AND TRUCKING, INC., Plaintiff-Appellee, v. BRADLEY CONSTRUCTION, INC., Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied March 22, 1996.


Attorney(s) appearing for the Case

Lester C. Cannain, Albuquerque, for Appellant.

Tibo Chavez, Jr., Belen, for Appellee.


OPINION

FROST, Justice.

1. This interlocutory appeal addresses an issue of first impression in New Mexico: Whether a general contractor for a state construction project violated the New Mexico Subcontractors Fair Practices Act, NMSA 1978, §§ 13-4-31 to -42 (Repl.Pamp.1992)1 [hereinafter the Act], when it substituted itself for the subcontractor listed in the bid submitted to the State. The district court found...

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