Eker Brothers, Inc. v. Rehders
New Mexico Court of Appeals
150 N.M. 542, 263 P. 3d 319 (2011)
- Written by Josh Lee, JD
Facts
John G. Rehders, General Contractor, Inc. (Rehders) (defendant), hired Eker Brothers, Inc. (Eker) (plaintiff), as a subcontractor to perform certain concrete work. Eker performed some work for Rehders but did not complete the full job for which it was hired. Under the contract, the value of the work Eker performed was $74,964.05. Rehders did not pay Eker for this amount and incurred an additional expense of $42,448.20 to complete the concrete work. Eker sued Rehders, seeking payment for the work that Eker had completed. The trial court determined that Eker’s willful, material, and anticipatory breach of the parties’ contract barred the claim and awarded judgment to Rehders for the additional costs it incurred. Eker appealed.
Rule of Law
Issue
Holding and Reasoning (Bustamante, J.)
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