- 10 - architect. Neither the preconstruction agreement nor the contract contains such a representation. Moreover, even assuming arguendo that Mr. Green at one time misrepresented Mr. Cabber as an architect, we would have no basis to conclude that such a misrepresentation was coupled with an intent to cheat or deceive petitioners.9 Nor does the fact that specifications in the construction plans might not have been met shed light on Mr. Green’s intent; it is certainly not determinative evidence of fraud on Mr. Green’s part. At most, Mr. Green’s failure to carry out the construction plans constitutes a breach of contract or negligence on his part. Petitioners’ position ignores the fact that, in addition to Mr. Green, there were at least nine other parties involved in the design and construction of petitioners’ house.10 Because so many parties were involved in designing and building petitioners’ house, any fraud perpetrated by Mr. Green would likely have involved some or all of those other parties. If Mr. Green had intended to deceive petitioners through a scheme of such proportions, we would expect that petitioners would present 9 In their reply brief, petitioners assert that Mr. Cabber was providing architectural services in violation of the New Mexico Architectural Act. In our view, the veracity of that allegation has no bearing on whether Mr. Green defrauded petitioners. 10 Petitioners’ civil suit was against Mr. Green and those nine other parties.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: March 27, 2008