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WILGER ENTERPRISES v. BROADWAY VISTA

No. 24,747.

115 P.3d 822 (2005)

2005-NMCA-088

WILGER ENTERPRISES, INC., Plaintiff-Appellee, v. BROADWAY VISTA PARTNERS, a California Partnership; FHK Companies, a California Partnership; Nailman, Ltd., Co.; Edison Source d/b/a Edison Source Corp.; Sucon, Inc. d/b/a Suitt Contractor; KPT, Inc.; and Mid-State Erectors, Inc., Defendants-Appellants.

Court of Appeals of New Mexico.

June 6, 2005.

Attorney(s) appearing for the Case

Julie J. Vargas, Hunt & Davis, P.C., Albuquerque, NM, for Appellee.

Robert A. Johnson, Johnson & Nelson, P.C., Albuquerque, NM, for Appellant Broadway Vista Partners.

David P. Gorman, Sheehan, Sheehan & Stelzner, P.A., Albuquerque, NM, for Appellant KPT, Inc.

Shay E. Meagle, Puccini & Meagle, P.A., Albuquerque, NM, for Appellant Sucon, Inc.

OPINION

VIGIL, Judge.

{1} Broadway Vista Partners (Owner) contends that the lien of Wilger Enterprises, Inc., (Contractor) is invalid because Contractor did not give Owner a written prelien notice of its right to claim a lien in the event of nonpayment under NMSA 1978, Section 48-2-2.1 (1993). We hold that Section 48-2-2.1 did not require Contractor to provide Owner with a prelien notice and affirm the district court order granting Contractor summary...

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