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Contracts Keyed to Kunz
Eker Brothers Inc. v. Rehders
Citation:
150 N.M. 542 (Ct. App. 2011)Facts
Plaintiff sued Defendant seeking payment for work Plaintiff completed. Plaintiff completed work and accordingly invoiced Defendant $122,099.45. However, $28,900 in work had not been performed by Plaintiff, and Defendant had to pay $7656 to fix work that was of poor quality, $3,036.90 to remove defective work, $5,512.50 to re-stake an area impacted by Plaintiff’s departure and $2030 to cover half of the cost of fixing areas that had been damaged due to rain. Defendant also incurred $50,194.45 in additional expenses due to Plaintiff’s failure to complete work. Defendant mitigated its damages by completing the work for $7,746.25 less than they would have paid Plaintiff.
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