- 5 - Petitioners go on to point out that (1) “landfill was added to the sides of the house to hide the fact that foundations were improperly set”; (2) “the location of the sewer” and “the thickness of the stucco” did not conform to the housing plan, without notice to petitioners; and (3) Mr. Green misrepresented that the land was “engineered,” when “there was no engineering of the soil besides grading.” Petitioners assert that Mr. Green misrepresented the quality of his houses and his role in their construction in promotional materials and misrepresented that Mr. Cabber was an architect. Petitioners further assert that “Mr. Green had no intention to cure or even acknowledge any defects and he made himself absent from the state by moving to Las Vegas.” Respondent contends that petitioners have failed to prove that Mr. Green’s conduct constituted a theft under New Mexico law. Respondent notes that Mr. Green obtained the requisite building permit, hired subcontractors whom he had worked with before, was present at the construction site on a daily basis, oversaw the subcontractors’ work, and, once construction of petitioners’ house was completed, received a certificate of occupancy from the county. With respect to Mr. Cabber’s credentials, respondent notes that neither the preconstruction agreement nor the contract provided that an architect would design petitioners’ house and that petitioners never asked Mr.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: March 27, 2008