CITY OF SANTA FE v. TRAVELERS CAS. & SUR.

No. 31,549.

228 P.3d 483 (2010)

2010-NMSC-010

CITY OF SANTA FE, Plaintiff-Petitioner, v. TRAVELERS CASUALTY & SURETY COMPANY, a Connecticut corporation, Defendant-Respondent.

Supreme Court of New Mexico.

February 16, 2010.


Attorney(s) appearing for the Case

Sheehan, Sheehan & Stelzner, P.A., Timothy M. Sheehan, Jaime L. Dawes, Sara N. Sanchez, Albuquerque, NM, for Petitioner.

Keleher & McLeod, P.A., Thomas C. Bird, Ann M. Conway, Deron B. Knoner, Albuquerque, NM, for Respondent.

Steven Kopelman, Santa Fe, NM, for Amicus Curiae New Mexico Association of Counties.

Randall D. Van Vleck, Santa Fe, NM, for Amicus Curiae New Mexico Municipal League.

Lawrence J. Horan, Albuquerque, NM, for Amicus Curiae Mid-Region Council of Governments.


OPINION

CHÁVEZ, Chief Justice.

{1} The City of Santa Fe contracted with Lone Mountain Contracting, Inc., to repair a water tank. The contract did not contain a time-to-sue provision, and therefore the six-year statute of limitations applied to the contract. See NMSA 1978, § 37-1-3 (1880, as amended through 1975). To comply with Section 13-4-18(A)(1) of the Little Miller Act, NMSA 1978, §§ 13-4-18 to -20 (1923, as amended...

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