New Mexico Statutes

N.M. Stat. § 44-6-5 (2026)

Contract construction.

✓ current as of May 2026

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A contract may be construed either before or after there has been a breach thereof.

History: 1953 Comp., § 22-6-8, enacted by Laws 1975, ch. 340, § 5.

                                     ANNOTATIONS
Action alleging proposed bond issue expenditure unconstitutional not premature.
Gomes v. Board of Educ., 1971-NMCA-148, 83 N.M. 207, 490 P.2d 465.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments
§§ 62 to 65.

26 C.J.S. Declaratory Judgments §§ 53 to 59.

Notes of Decisions

Cited in 2 cases, 1993–2013 · leading case: Horne v. Los Alamos Nat'l Sec., L.L.C., 2013 NMSC 4 (N.M. 2013).

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Horne v. Los Alamos Nat'l Sec., L.L.C., 2013 NMSC 4 (N.M. 2013). · cites it 2× “” NMSA 1978, § 44-6-5 (1975). We do, however, recognize that under New Mexico’s Uniform Arbitration Act, a court’s ability to grant provisional remedies is limited once an arbitrator is appointed and authorized to act.”

San Juan Water Comm'n v. Taxpayers & Water Users, 860 P.2d 748 (N.M. 1993). · cites it 2× “The Commission asserts that even if the exact amount of water is in dispute under the contract, it is not material to whether the contract is valid, and we agree. The Association’s argument is akin to an assertion of anticipatory breach, which is not material to the formation of…”

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