Legal Question in Construction Law in New Mexico

Re: home installing

You have an offset against the seller's claim for the balance of the purchase price. You need to establish the cost of repairing the wall, plus the value of the use of your home during the performance of the repairs. Compare this to the balance of the purchase price. Odds are, you owe them some money.

Odds are, too, that the person driving the lawsuit is not the company that sold you the carpet. Odds are that a vulture has bought the installer's accounts receivable for ten cents or less on the dollar. This plays out well for you if you cast your counterclaim in terms that include consequential damages for the impaired use and value of the home. Many vultures are looking only for low-lying fruit. So do not appear to be low-lying fruit: appear to be a hornet's nest that they should be grateful to escape from.