Litigation

Cuddy McCarthy has generational experience and distinguished history in trial and appellate practice on behalf of its clients in a wide array of subject matter in all of the New Mexico State District Courts, the Court of Appeals and the New Mexico Supreme Court.  Its partners practice before state administrative and regulatory bodies, and in the U.S. District Court for the District of New Mexico and in the United States Tenth Circuit Court of Appeals and are admitted to practice before the U.S. Supreme Court. The firm has successfully represented clients before various federal agencies, including the EEOC and the NLRB and in arbitration proceedings under the auspices of the American Arbitration Association.

The Firm’s approach is to develop strategies to efficiently and effectively communicate our client’s story and to convey complex factual situations to decision makers including judges, juries and arbitrators, and to successfully defend positive results before appellate tribunals.

Commercial Litigation

Cuddy McCarthy offers unique, multi-faceted commercial/business litigation support to its clients. In addition to litigation, our team boasts business and transactional law experience. We appreciate the nuances of the transaction giving rise to the problem.

We handle a wide range of disputes including:

• architectural and engineering
  • banking and finance
  • business
  • corporate and partnership
  • construction contracts and defects
  • contracts
  • employment
  • probate, wills and trusts
  • real estate

Construction Law and Litigation

Cuddy McCarthy’s attorneys practice in all aspects of construction law, whether drafting contracts, helping with the acquisition of real estate or assisting clients when jobs do not work out as planned. We work with contractors, subcontractors, architects, engineers and other construction-related service and material providers, as well as individuals on construction of their principal residences and with developers building commercial projects. Our lawyers have also handled residential and complex commercial construction claims for both owners and contractors before arbitration panels and courts. Examples of our services include:

• Negotiating, drafting and reviewing contracts for construction, architectural and engineering services, construction management agreements, design/build agreements, construction lending and bonding
• Assisting the bid preparation and award process
• Construction and design defect litigation/arbitration
• Home, multi-family and commercial project assistance
• Exterior stucco defects (a New Mexico issue)
• Construction contract disputes
• Lien preparation, foreclosure and collection matters
• Contractor licensing

General Civil Litigation

Cuddy McCarthy’s litigation section represents individuals, businesses and professional entities in a variety of civil and legal disputes in court and before administrative and regulatory agencies.  Our litigators have extensive experience in civil trials and appeals, alternative dispute resolution and administrative law.  We provide litigation services in the following areas:

• real estate
• land use and zoning
• trusts and estates
• construction contracts and defects
• negligence and other torts
• public utilities
• civil rights
• employment
• divorce
• regulatory proceedings
• commercial matters
• environmental matters
• anti-trust actions
• constitutional law
• statutory federal and state civil rights actions
• conservancy, irrigation and water districts
• water rights

In addition, the firm represents electric cooperatives in electrical contact cases, wrongful termination of electrical service and other tort actions.

We start by getting the facts, researching the law, and understanding each client’s goals.  Evaluations are then performed to assess the risks and the likelihood that the client will achieve the client’s goals.  After client and lawyer reach an understanding on goals and strategy, the litigation moves forward with objectives developed jointly.  This process is repeated periodically as the case progresses, allowing the client to be more informed and, thus, prepared to make the important settlement, trial and/or appeal decisions at the ultimate conclusion of the litigation process.

Insurance Law and Litigation

Cuddy McCarthy advises insurance carriers and sophisticated insureds regarding coverage and claims arising throughout New Mexico. The areas of advice, counsel and defense our attorneys provide include:

• Defense of insurers in extra-contractual liability claims
• Defense of Wrongful Death and catastrophic injury claims
• Assess coverage and/or investigate and defend directors and officers liability claims for private companies and non-profit entities
• Assess coverage and/or investigate and defend public and private employers in employment-related claims
• Assess coverage in coverage disputes involving construction projects for residential developments and mixed use projects
• Proactive defense and risk management of contractors, subcontractors and developers in insured commercial and residential construction defect disputes and claims for breach of warranty, delay, design deficiency and extra work