reglab/housing_qa huggingface dataset:
NM Stat § 13-4-32 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-32 - Legislative findings.

The legislature finds that the practices of bid shopping and bid peddling in connection with the construction, alteration and repair of public works projects often result in poor quality of material and workmanship to the detriment of the public, deprive the public of the full benefits of fair competition among contractors and subcontractors and lead to insolvencies and loss of wages to employees. History: Laws 1988, ch. 18, § 2.
NM Stat § 13-4-33 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-33 - Definitions.

As used in the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978]: A. "contractor" means the prime contractor on a public works construction project who contracts directly with the using agency; B. "subcontractor" means a contractor who contracts directly with the contractor; C. "listing threshold" means the dollar amount, stipulated in the bidding documents, above which subcontractors must be listed; D. "notice" means information, advice or a written warning intended to apprise a contractor, subcontractor or using agency of some proceeding in which the contractor's, subcontractor's or using agency's interests are involved or to inform him of some fact that is his right to know. Notice may be sent to a contractor, subcontractor or using agency by certified or registered mail and shall be deemed to be completed upon date of mailing; and E. "using agency" means any state agency or local public body requiring services or construction. History: Laws 1988, ch. 18, § 3; 1995, ch. 82, § 2. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, in Subsection D, substituted "subcontractor or using agency" for "or subcontractor" twice, substituted "the contractor's, subcontractor's or using agency's" for "his", and substituted "that" for "which".
NM Stat § 13-4-34 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-34 - Listing of subcontractors; requirements.

A. Any using agency taking bids for any public works construction project shall provide in the bidding documents prepared for that project a listing threshold which shall be five thousand dollars ($5,000) or one-half of one percent of the architect's or engineer's estimate of the total project cost, not including alternates, whichever is greater. If the bidding documents do not include a listing threshold, then the using agency shall supply the listing threshold. If the listing threshold has not been included, the bid opening shall be postponed until the using agency has complied with this section. Any contractor or subcontractor interested in bidding may apply to the district court in the county in which the project will be located for an injunction preventing the bid opening until the using agency has complied with this section. Any person submitting a bid shall in his bid set forth: (1) the name and the city or county of the place of business of each subcontractor under subcontract to the contractor who will perform work or labor or render service to the contractor in or about the construction of the public works construction project in an amount in excess of the listing threshold; and (2) the category of the work that will be done by each subcontractor. The contractor shall list only one subcontractor for each category as defined by the contractor in his bid. B. A bid submitted by a contractor who fails to comply with the provisions of Subsection A of this section is a nonresponsive bid which shall not be accepted by a using agency. History: Laws 1988, ch. 18, § 4; 1989, ch. 296, § 1; 1995, ch. 82, § 3. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, in Subsection A, inserted "not including alternates", added the second through fourth sentences, substituted in Paragraph A(1) "the city or county" for "location", and in Paragraph A(2) substituted "category" for "nature" and "that" for "which"; and in Subsection B, substituted "a contractor who" for "any person which". Separate categories of work in one bid request. — Although there was only one invitation for bids, since it requested two distinct bids covering a single bid lot and a combination of that bid lot with another, the contractor should have listed the subcontractor who would perform each category of work. Dynacon, Inc. v. D & S Contracting, 1995-NMCA-071, 120 N.M. 170, 899 P.2d 613. Written contract not required for listing as subcontractor. — The absence of a written contract between a general contractor and subcontractor at the time the general contractor submitted its bid did not mean that the general contractor was not obligated to list the subcontractor in the bid. Romero Excavation & Trucking, Inc. v. Bradley Constr., Inc., 1996-NMSC-010, 121 N.M. 471, 913 P.2d 659.
NM Stat § 13-4-35 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-35 - Exemption.

With the exclusion of that portion of work covering street lighting and traffic signals, the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978] shall not apply to contracts for the construction, improvement or repair of streets or highways, including bridges, underground utilities within easements including but not limited to water lines, sewer lines and storm sewer lines. History: Laws 1988, ch. 18, § 5.
NM Stat § 13-4-35.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-35.1 - Application of act.

The Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978] shall not apply to any transaction occurring after the contractor and the listed subcontractor have executed a subcontract unless subsequent action on the subcontract relates to subcontractor listing requirements. History: Laws 1995, ch. 82, § 1.
NM Stat § 13-4-37 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-37 - Bond requirements.

A. It is the responsibility of each subcontractor submitting a bid to a contractor to be prepared to submit a faithful performance and payment bond if so requested by the contractor. B. In the event any subcontractor submitting a bid to a contractor does not, upon the request of the contractor and at the expense of the contractor at the established charge or premium therefor, furnish to the contractor a bond issued by a corporate surety authorized to do business in New Mexico in accordance with the New Mexico Insurance Code [Chapter 59A NMSA 1978] and listed in the United States treasury department circular 570 wherein the contractor is named the obligee, guaranteeing prompt and faithful performance of the subcontract and the payment of all claims for labor and materials furnished or used in and about the work to be done and performed under the subcontract, the contractor may reject the bid and make a substitution of another subcontractor subject to the provisions of Section 13-4-36 NMSA 1978. Such bond may be required at the expense of the subcontractor only if the contractor in his written or published request for subcontract bids: (1) specifies that the expense for the bond shall be borne by the subcontractor; and (2) clearly specifies the amount and requirements of the bond. History: Laws 1988, ch. 18, § 7; 1995, ch. 82, § 5. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, in Subsection A, substituted "a bid" for "bids" and inserted "a" preceding "faithful"; in Subsection B, substituted "a corporate" for "an admitted", and inserted the language beginning "authorized" and ending "circular 570"; and made minor stylistic changes throughout the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — State or local government's liability to subcontractors, laborers, or materialmen for failure to require general contractor to post bond, 54 A.L.R.5th 649.
NM Stat § 13-4-38 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-38 - Failure to specify subcontractor.

If a contractor fails to list a subcontractor in excess of the listing threshold and he does not state that no bid was received or that only one bid was received, he represents that he is fully qualified to perform that portion of the work himself and that he shall perform that portion of the work himself. If after the award of the contract the contractor subcontracts any portion of the work, except as provided in the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978], the contractor shall be guilty of violation of the Subcontractors Fair Practices Act and subject to the penalties provided in Section 13-4-41 NMSA 1978. History: Laws 1988, ch. 18, § 8; 1995, ch. 82, § 6. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, in the first sentence, substituted "list" for "specify", inserted "and he does not state that no bid was received or that only one bid was received", inserted "of the work" following "portion" twice; and made minor stylistic changes throughout the section.
NM Stat § 13-4-40 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-40 - Emergency subcontracting.

Subcontracting any portion of the work in excess of the listing threshold as to which no subcontractor was designated in the original bid shall be permitted only in the case of public emergency or necessity and then only upon a written finding by the using agency setting forth the facts constituting the emergency or necessity. History: Laws 1988, ch. 18, § 10.
NM Stat § 13-4-41 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-41 - Penalties.

A. When a contractor violates any provision of the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978] except Section 13-4-34 NMSA 1978, the using agency shall: (1) in the case of a contractor who substitutes another subcontractor in violation of Section 13-4-36 NMSA 1978, for the subcontractor originally included in the bid, assess the contractor a penalty in an amount equal to the greater of ten percent of the amount bid by the listed subcontractor or the difference between the amount bid by the listed subcontractor and the amount bid by the substituted subcontractor; (2) in the case of a contractor substituting a listed subcontractor for another subcontractor, and the substituted subcontractor knowingly participated in a violation of Section 13-4-36 NMSA 1978, assess the substituted subcontractor a penalty in an amount equal to the greater of ten percent of the amount bid by the listed subcontractor and the difference between the amount bid by the listed subcontractor and the substituted subcontractor; or (3) in the case of a contractor who fails to list a subcontractor in excess of the listing threshold as defined in Section 13-4-38 NMSA 1978, assess the contractor a penalty of eight percent of the amount of the subcontract issued for the first violation and thirty percent of the amount of the subcontract issued for any violation thereafter, on any one project. B. Penalties assessed pursuant to the provisions of this section shall be deposited into the fund from which the contract was awarded. C. In a proceeding under this section, the contractor shall be entitled to a hearing after notice. D. A violation of the provisions of the Subcontractors Fair Practices Act constitutes grounds for disciplinary action against a contractor or a subcontractor, pursuant to regulations of the construction industries division of the regulation and licensing department. E. A contractor or a subcontractor who attempts to circumvent the provisions of the Subcontractors Fair Practices Act shall be subject to the penalties established pursuant to this section. F. Any listed subcontractor removed in violation of the Subcontractors Fair Practices Act may bring an action in the district court for damages, injunctive or other relief. History: Laws 1988, ch. 18, § 11; 1989, ch. 296, § 2; 1995, ch. 82, § 8. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, rewrote the beginning of Subsection A, deleted former Paragraph A(1), rewrote and redesignated former Paragraph A(2) as Paragraph A(1), added Paragraphs A(2) and A(3), added Subsections B and C, redesignated former Subsections B to D as Subsections D to E, and in Subsections D and E, inserted "or a subcontractor".
NM Stat § 13-4-42 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-42 - Coverage of home rule municipalities.

Any home rule municipality or H class county chartered under the provisions of Article 10, Section 6 of the constitution of New Mexico is expressly denied authority to legislate regulation of the subject matter covered in the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978] that conflicts with the provisions of that act. History: Laws 1988, ch. 18, § 12. ANNOTATIONSCross references. — For Municipal Charter Act, see 3-15-1 to 3-15-16 NMSA 1978. For H class counties, see 4-44-3 NMSA 1978.
NM Stat § 13-4-43 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-43 - Dispute resolution.

Once the using agency has determined the existence of a valid claim under the provisions of the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978], the using agency or agent of the using agency may: A. hold a public hearing for the purpose of providing an informal resolution of the dispute by preparing a "form of dispute" which shall be available to all parties. The form shall state concisely, in numbered paragraphs, the matter at issue or dispute which the complainant expects to be determined. The agent or the using agency shall evaluate the issues presented by both sides of the dispute and render a decision within ten days after the hearing, and provide the parties with a written copy of the decision by certified mail, return receipt requested; or B. refer the matter in dispute to be resolved through arbitration. History: Laws 1988, ch. 18, § 13. ANNOTATIONSCross references. — For the Uniform Arbitration Act, see 44-7A-1 NMSA 1978. For public works mediation, see Chapter 13, Article 4C NMSA 1978.
NM Stat § 13-4A-1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4A - Art in Public Places|Section 13-4A-1 - Short title.

This act [13-4A-1 to 13-4A-11 NMSA 1978] may be cited as the "Art in Public Places Act". History: Laws 1986, ch. 11, § 1. ANNOTATIONSCompiler's notes. — Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
NM Stat § 13-4A-2 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4A - Art in Public Places|Section 13-4A-2 - Legislative declaration.

The legislature declares it to be a policy of the state that a portion of appropriations for capital expenditures be set aside for the acquisition or commissioning of works of art to be used in, upon or around public buildings. History: Laws 1986, ch. 11, § 2. ANNOTATIONSCompiler's notes. — Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
NM Stat § 13-4A-4 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4A - Art in Public Places|Section 13-4A-4 - Allocation of construction costs.

A. All agencies shall allocate as a nondeductible item an amount of money equal to one percent or two hundred thousand dollars ($200,000), whichever is less, of the amount of money appropriated for new construction or any major renovation exceeding one hundred thousand dollars ($100,000), to be expended for the acquisition and installation of works of art for the new building to be constructed or the building in which the major renovation is to occur. B. An amount of money equal to one percent or two hundred thousand dollars ($200,000), whichever is less, allocated from appropriations for new construction or major renovations of excluded structures pursuant to Subsection E of Section 3 [13-4A-3 NMSA 1978] of the Art in Public Places Act shall be accounted for separately and expended for acquisition and installation of art for existing public buildings. The division shall determine the amount, not to exceed fifty thousand dollars ($50,000), to be made available for the purchase of art in existing buildings in consultation with the contracting agency. The selection process for art for existing buildings shall follow guidelines established by the division pursuant to the Art in Public Places Act. History: Laws 1986, ch. 11, § 4. ANNOTATIONSCompiler's notes. — Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
NM Stat § 13-4A-5 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4A - Art in Public Places|Section 13-4A-5 - Art in public places fund; creation.

There is created in the state treasury the "art in public places fund" which shall be administered by the division pursuant to the Art in Public Places Act. History: Laws 1986, ch. 11, § 5; 1989, ch. 324, § 5. ANNOTATIONSCompiler's notes. — Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
NM Stat § 13-4A-6 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4A - Art in Public Places|Section 13-4A-6 - Works of art.

The works of art acquired pursuant to the Art in Public Places Act may be an integral part of the building, attached to the building, detached within or outside the structure or placed on public lands, part of a temporary exhibition or loaned or exhibited by the agency in other public facilities. History: Laws 1986, ch. 11, § 6. ANNOTATIONSCompiler's notes. — Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
NM Stat § 13-4A-7 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4A - Art in Public Places|Section 13-4A-7 - Administration of the program.

The division shall determine the amount to be made available for the purchase of art, in consultation with the contracting agency responsible for the building to be constructed or renovated, and payments thereof shall be made in accordance with law. All agencies shall notify the division in writing upon legislative approval of construction budgets. One percent of the total appropriation for new construction or renovation of any building shall be deposited into the art in public places fund after the issuance of the appropriate bonds. If the entire one percent of the total funds appropriated for a particular building is not required for the project, the remainder shall accumulate in the art in public places fund and shall be accounted for separately and expended for the acquisition of art for existing buildings, as determined by the division. Any money remaining in the fund at the end of each fiscal year shall not revert but shall remain in the art in public places fund to be used to implement the purposes of the Art in Public Places Act. History: Laws 1986, ch. 11, § 7. ANNOTATIONSCompiler's notes. — Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
NM Stat § 13-4A-8 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4A - Art in Public Places|Section 13-4A-8 - Artist selection.

The division shall establish guidelines for the art selection process. This process shall provide for participation from representatives of the contracting agency, the user agency, the division, the project architect, visual artists or design professionals and interested members of the community. History: Laws 1986, ch. 11, § 8. ANNOTATIONSCompiler's notes. — Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
NM Stat § 13-4A-9 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4A - Art in Public Places|Section 13-4A-9 - Separate contracts.

Expenditures for works of art as provided in Section 7 [13-4A-7 NMSA 1978] of the Art in Public Places Act shall be contracted for separately from all other items in the new construction of the public building. History: Laws 1986, ch. 11, § 9. ANNOTATIONSCompiler's notes. — Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
NM Stat § 13-4A-10 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4A - Art in Public Places|Section 13-4A-10 - Division; rules and regulations.

The selection, execution, placement and acceptance of works of art for a construction project shall be the responsibility of the division in consultation with the contracting agency. The division shall adopt rules and regulations to govern the selection, execution, placement and acceptance of the works of art to be acquired in accordance with this section and other rules, regulations and procedures necessary to implement the Art in Public Places Act. Administrative costs incurred by the division for the implementation of the Art in Public Places Act may be charged against the art in public places fund, provided that such costs have been properly budgeted and the budget has been approved by the state cultural affairs officer and the secretary of finance and administration. History: Laws 1986, ch. 11, § 10. ANNOTATIONSCompiler's notes. — Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
NM Stat § 13-4A-11 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4A - Art in Public Places|Section 13-4A-11 - Maintenance.

The contracting agency or its designee is responsible for inventory, maintenance, repair and security of art work. Any maintenance or repair work shall be done in consultation with the division. History: Laws 1986, ch. 11, § 11. ANNOTATIONSCompiler's notes. — Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by L. 1989, ch. 178, § 2.
NM Stat § 13-4B-1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4B - Fine Art in Public Buildings|Section 13-4B-1 - Findings.

The legislature finds that the physical alteration or destruction of fine art, which is an expression of the personality of the artist, is detrimental to the reputation of the artist and artists therefore have an interest in protecting their works of fine art against such alteration or destruction. The legislature also finds that there is a public interest in preserving the integrity of cultural and artistic creations. History: Laws 1987, ch. 70, § 1. ANNOTATIONSLaw reviews. — For note, "Advancing the Arts Community in New Mexico through Moral Rights and Droit De Suite: The International Impetus and Implications of Preemption Analysis," see 36 N.M.L. Rev. 713 (2006).