reglab/housing_qa huggingface dataset:
NM Stat § 13-4-5 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-5 - Use of New Mexico materials.

In all public works within New Mexico, whether constructed or maintained by the state or by a department, board or commission of the state or by any political subdivision of the state, or in any construction or maintenance to which the state or any political subdivision of the state has granted aid, preference shall be given to materials produced, grown, processed or manufactured in New Mexico by citizens or residents of New Mexico. In any case where, in the judgment of the different officers, boards, commissions or other authorities in this state vested with the power of contracting for material used in the construction or maintenance of public works referred to in this section, it appears that an attempt is being made by producers, growers, processors or manufacturers in the state to form a trust or combination of any kind for the purpose of fixing or regulating the price of materials to be used in any public works to the detriment of or loss to the state, the provisions of this section shall not apply. History: Laws 1933, ch. 19, § 1; 1941 Comp., § 6-505; 1953 Comp., § 6-6-5; Laws 1969, ch. 16, § 1; 1997, ch. 1, § 4; 1997, ch. 2, § 4; 2011 (1st S.S.), ch. 3, § 6. ANNOTATIONSThe 2011 (1st. S.S.) amendment, effective October 5, 2011, eliminated the preference for New York state business enterprises; in the first sentence, after "resident of New Mexico", deleted "or provided or offered by a New York state business enterprise, and such materials shall be used where they are deemed satisfactory for the intended use"; and deleted former Subsection B, which defined "New York state business enterprise". The 1997 amendment, effective January 24, 1997, designated the existing language as Subsection A, inserted "of New Mexico or provided or offered by a New York State business enterprise" following "citizens or residents", "they" following "used where", and "in this section" following "referred to"; and added Subsection B. Provisions outside title not given effect. — The body of this section is broader than the title of the act, and as a result those provisions outside the title will not be given effect. 1934 Op. Att'y Gen. 34-719. Operation of section. — The operation of this section should be confined to construction of public works in which it would be practicable to give preference to materials produced in New Mexico, and should be left to the discretion of board or commission having control of the work. 1934 Op. Att'y Gen. No. 34-719. Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Works and Contracts §§ 27, 28. Differences in character or quality of materials, articles, or work as affecting acceptance of bid for public contract, 27 A.L.R.2d 917. Requirement of Buy American Act (41 USCS §§ 10a-10d) that American-made articles be preferred in government contracts, 58 A.L.R. Fed. 312. Validity, construction, and application of state "Buy American" Acts, 107 A.L.R.5th 673. 72 Supp. C.J.S. Public Contracts § 31.
NM Stat § 13-4-6 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-6 - [Discrimination against New Mexico softwood timber in building codes prohibited.]

It shall be unlawful for any building code or codes of this state or of any county, municipality or township therein, or of any agency, bureau or political division or subdivision of the state government to discriminate in any way against the softwood species of timber, such as Douglas fir and ponderosa pine, grown in New Mexico. All the various grades of lumber produced therefrom, and the softwood species of New Mexico lumber shall be considered, regarded and accepted prima facie as the equal in strength and durability of similar softwood species produced elsewhere, and the burden shall rest upon any person contesting this provision to prove to the contrary in a court of competent jurisdiction by a preponderance of the evidence. History: Laws 1939, ch. 206, § 2; 1941 Comp., § 6-102; 1953 Comp., § 6-1-1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 13 Am. Jur. 2d Buildings § 13. 98 C.J.S. Woods and Forests § 9.
NM Stat § 13-4-7 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-7 - [Use of New Mexico timber in public buildings required.]

In the construction, erection or repair of all of its public buildings and structures the state of New Mexico and all counties, municipalities and townships therein, and all agencies, bureaus or political divisions or subdivisions of the state government are hereby required to use, whenever the species of lumber necessary for such construction or repair work is available in this state, such species of lumber produced from the timber grown in the state of New Mexico; and no person employed to draw specifications therefor shall so word such specifications as to discriminate against any lumber produced from New Mexico as grown timber. History: Laws 1939, ch. 206, § 3; 1941 Comp., § 6-103; 1953 Comp., § 6-1-2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Works and Contracts § 27. Requirement of Buy American Act (41 USCS §§ 10a-10d) that American-made articles be preferred in government contracts, 58 A.L.R. Fed. 312.
NM Stat § 13-4-8 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-8 - Federal aid projects.

The provisions of Section 13-4-7 NMSA 1978 shall not apply to any public works projects in which the United States is interested or which involve participating federal funds. History: 1953 Comp., § 6-1-2.1, enacted by Laws 1965, ch. 106, § 1.
NM Stat § 13-4-9 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-9 - [Penalty.]

Any person, firm, association or corporation distributing lumber in the state of New Mexico after June 30, 1939, for any of the purposes hereinbefore set forth in this act [13-4-6, 13-4-7, 13-4-9 NMSA 1978] or any contractor in this state using lumber for any of said purposes who shall deliberately violate any of the provisions of this act shall, upon conviction, be subject to a penalty of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) or imprisonment in the county jail for not less than thirty (30) nor more than ninety (90) days for each violation hereunder; provided, that in the case of a violation by a firm, association or corporation, the jail sentence, if one is imposed, shall be upon the officer, agent or person of such firm, association or corporation responsible for such violation. History: Laws 1939, ch. 206, § 4; 1941 Comp., § 6-104; 1953 Comp., § 6-1-3.
NM Stat § 13-4-10 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-10 - Short title.

Sections 13-4-10 through 13-4-17 NMSA 1978 may be cited as the "Public Works Minimum Wage Act". History: 1953 Comp., § 6-6-10.1, enacted by Laws 1963, ch. 304, § 1; 2009, ch. 206, § 1. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, changed the reference of the act to Sections 13-4-10 through 13-4-17 NMSA 1978. Law reviews. — For 1984-88 survey of New Mexico administrative law, 19 N.M.L. Rev. 575 (1990).
NM Stat § 13-4-10.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-10.1 - Definitions.

As used in the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978]: A. "director" means the director of the division; B. "division" means the labor relations division of the workforce solutions department; C. "fringe benefit" means payments made by a contractor, subcontractor, employer or person acting as a contractor, if the payment has been authorized through a negotiated process or by a collective bargaining agreement, for: (1) holidays; (2) time off for sickness or injury; (3) time off for personal reasons or vacation; (4) bonuses; (5) authorized expenses incurred during the course of employment; (6) health, life and accident or disability insurance; (7) profit-sharing plans; (8) contributions made on behalf of an employee to a retirement or other pension plan; and (9) any other compensation paid to an employee other than wages; D. "labor organization" means an organization of any kind, or an agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work; and E. "wage" means the basic hourly rate of pay. History: 1978 Comp., § 13-4-10.1, as enacted by Laws 2009, ch. 206, § 2. ANNOTATIONSEffective dates. — Laws 2009, ch. 206, § 12 made this section effective July 1, 2009.
NM Stat § 13-4-12 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-12 - Repealed.

History: 1953 Comp., § 6-6-6.1, enacted by Laws 1965, ch. 35, § 2; 1991, ch. 224, § 2; 2005, ch. 253, § 2; repealed by Laws 2009, ch. 206, § 11.ANNOTATIONSRepeals. — Laws 2009, ch. 206, § 11 repealed 13-4-12 NMSA 1978, as enacted by Laws 1965, ch. 35, §2, relating to the definition of the term "wages", effective July 1, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 13-4-13 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-13 - Failure to pay minimum wage; termination of contract.

Every contract within the scope of the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978] shall contain further provision that in the event it is determined by the director that any laborer or mechanic employed on the site of the project has been or is being paid a wage rate or fringe benefit rate less than the rates required, and in the absence of a voluntary resolution by the parties, the contracting agency shall, within thirty days of the director's determination, by written notice to the contractor, subcontractor, employer or person acting as a contractor, terminate the right to proceed with the work or the part of the work as to which there has been a failure to pay the required wages or fringe benefits, and the contracting agency shall prosecute the work to completion by contract or otherwise, and the contractor or person acting as a contractor and the contractor's or person's sureties shall be liable to the state for any excess costs occasioned thereby. Any party receiving notice of termination of a project or subcontract pursuant to the provisions of this section may appeal the finding of the director as provided in the Public Works Minimum Wage Act.History: 1953 Comp., § 6-6-7, enacted by Laws 1965, ch. 35, § 3; 1991, ch. 224, § 3; 2009, ch. 206, § 4; 2020, ch. 47, § 2. ANNOTATIONSThe 2020 amendment, effective May 20, 2020, strengthened requirements in the event it is determined that a laborer is being paid a wage rate less than the rates required, and required certain entities to act regardless of whether the failure to pay the required wages was willful; and after "in the event it is", deleted "found" and added "determined", after "has been or is being paid", deleted "as a result of a willful violation", after "than the rates required", added "and in the absence of a voluntary resolution by the parties", after "the contracting agency", deleted "may" and added "shall, within thirty days of the director's determination", deleted "willful" preceding the next occurrence of "failure", and after "the contracting agency", deleted "may" and added "shall".The 2009 amendment, effective July 1, 2009, after "willful violation a", changed "rate of wages less than the rate of wages" to "wage rate or fringe benefit rate less that the rates"; and after "pay the required wages", added "or fringe benefits". The 1991 amendment, effective July 1, 1991, substituted "director of the labor and industrial division of the labor department" and "director" for "state labor commissioner"; inserted "employer or person acting as a contractor" and "or person acting as a contractor"; substituted "project" for "contract" in the second sentence; and made minor stylistic changes throughout the section.
NM Stat § 13-4-14.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-14.1 - Labor enforcement fund; creation; use.

The "labor enforcement fund" is created in the state treasury. The fund shall consist of contractor and subcontractor registration fees collected by the division and all investment and interest income from the fund. The fund shall be administered by the division, and money in the fund is appropriated to the division for administration and enforcement of the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978]. Money in the fund shall not revert to the general fund at the end of a fiscal year. History: Laws 2004, ch. 89, § 2; 2009, ch. 206, § 7. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, deleted "labor and industrial" before "division" and deleted "of the labor department" after "division".
NM Stat § 13-4-14.2 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-14.2 - Registration cancellation, revocation, suspension; injunctive relief.

The director may: A. cancel, revoke or suspend with conditions, including probation, the registration of any party required to be registered pursuant to the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978] for failure to comply with the registration provisions or for good cause, subject to appeal pursuant to Section 13-4-15 NMSA 1978; and B. seek injunctive relief in district court for failure to comply with the registration provisions of the Public Works Minimum Wage Act. History: Laws 2004, ch. 89, § 3; 2009, ch. 206, § 8. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, after "director", deleted "of the labor and industrial division of the labor department".
NM Stat § 13-4-16 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-16 - Construction of act.

Sections 13-4-10 through 13-4-17 NMSA 1978 shall not be construed to supersede or impair a more stringent requirement under any authority granted by federal law to provide for the establishment of specified wage rates. History: Laws 1937, ch. 179, § 4; 1941 Comp., § 6-509; 1953 Comp., § 6-6-9; 1991, ch. 224, § 6. ANNOTATIONSThe 1991 amendment, effective July 1, 1991, added the catchline; substituted "Sections 13-4-10 through 13-4-17 NMSA 1978" for "This act" at the beginning of the section; and inserted "a more stringent requirement under".
NM Stat § 13-4-17 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-17 - Outstanding contracts and invitations.

The Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978] shall not affect a contract existing or a contract that may be entered into pursuant to invitations for bids that are outstanding at the time of enactment of that act. History: Laws 1937, ch. 179, § 5; 1941 Comp., § 6-510; 1953 Comp., § 6-6-10; 2009, ch. 206, § 10. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, made grammatical changes.
NM Stat § 13-4-20 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-20 - Additional bond in case of insolvency of sureties.

Whenever in its judgment any surety on such bond shall be insolvent, or for any cause is not a proper or sufficient surety, the obligee may require the contractor to furnish a new or additional bond or security within ten days; and thereupon, if the obligee shall so order, all work on said contract shall cease until such new or additional bond or security shall be furnished. If not furnished within said time, the obligee may at its option take over and complete said work as the agent and at the expense of the contractor and sureties, either doing the work on force account or letting the same by contract, and shall be entitled to use any equipment, materials and supplies of the delinquent contractor in completing said work. History: Laws 1923, ch. 136, § 3; C.S. 1929, § 17-203; 1941 Comp., § 6-513; 1953 Comp., § 6-6-13. ANNOTATIONSSection applies to third-tier suppliers. — The "Little Miller Act," 13-4-18 to 13-4-20 NMSA 1978, applies to suppliers of materials under any subcontract involving a state construction project, including third-tier suppliers. State ex rel. W.M. Carroll & Co. v. K.L. House Constr. Co., 1982-NMSC-150, 99 N.M. 186, 656 P.2d 236.
NM Stat § 13-4-21 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-21 - [Public contracts with nonresident persons or partnerships or unadmitted foreign corporations; agent for service of process.]

That all contracts entered into by the state of New Mexico, any political subdivision of the state of New Mexico or any institution or department of the state of New Mexico, with any person or partnership not a resident of the state of New Mexico, or with any foreign corporation not authorized to do business in the state of New Mexico, for the furnishing of any materials or supplies or for the performance of any public work within the state of New Mexico by such nonresident person, partnership or foreign corporation not authorized to do business in the state of New Mexico, shall contain a specific provision designating an agent of such person, partnership or corporation, resident within the state of New Mexico, with his residence and post-office address, upon whom process and writs in any action or proceeding against any such nonresident person, partnership or corporation may be served in any action arising out of such contract to the same effect as though such person, partnership or corporation were actually and personally served within the state of New Mexico. History: Laws 1937, ch. 144, § 1; 1941 Comp., § 6-515; 1953 Comp., § 6-6-14. ANNOTATIONSLaw reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
NM Stat § 13-4-22 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-22 - [Secretary of state as agent for service.]

In the event any such contract shall not contain the provision above set forth in Section 1 [13-4-21 NMSA 1978] of this act, or in the event the agent so designated in such contract shall die or remove from the state of New Mexico, then and in such event, the nonresident person, partnership or foreign corporation, as the case may be, by entering into said contract shall be deemed to have named the secretary of the state of New Mexico, and his successor in office, as the true and lawful agent of such person, partnership or corporation upon whom such legal process or writs may be served in any action arising out of such contract, and when service is made upon the secretary of state in the manner hereinafter provided, such service shall have the same force and effect as though personal service had been made upon such person, partnership or corporation within the state of New Mexico. History: Laws 1937, ch. 144, § 2; 1941 Comp., § 6-516; 1953 Comp., § 6-6-15.
NM Stat § 13-4-23 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-23 - [Service where there is no designated agent.]

The manner of procuring and serving process in any action brought pursuant to the provisions of this act [13-4-21 to 13-4-24 NMSA 1978] when there has been, either, no designation of an agent in any such public contract, or where the agent named in such contract has died or removed from the state so that service cannot be had upon such agent, shall be as follows, to-wit: - the plaintiff, at the time of filing his complaint shall allege and set forth in his complaint or in an affidavit, to the satisfaction of the judge of the court having jurisdiction, that the defendant is one of the persons, partnerships or corporations contemplated in Section 1 [13-4-21 NMSA 1978] of this act, with the residence of said defendant, if known, and the further fact that said defendant has no designated agent within the state. Upon such showing being made, the judge shall make an order directing that service of process be made upon the defendant by delivering two copies of the process and of the complaint and of said order to the secretary of the state of New Mexico, with instructions and directions to the secretary of the state to forward one copy of said summons, complaint or other process, together with a copy of such order of the court to said defendant by registered mail to the address shown in the complaint or affidavit, as the case may be; and that in addition to making service upon the secretary of the state, the order of the court shall also direct that a copy of the process, together with a copy of the complaint and of said order accompanied by a notice that the same has been served upon the secretary of the state, pursuant to this act, be delivered to the defendant without the state. Proof of such service shall be made by affidavit filed in said action, and service shall be deemed complete thirty days from the date such personal service is made on the defendant. History: Laws 1937, ch. 144, § 3; 1941 Comp., § 6-517; 1953 Comp., § 6-6-16. ANNOTATIONSLaw reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
NM Stat § 13-4-24 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-24 - [Continuances.]

The court in which any such action is pending shall, upon affidavit submitted upon behalf of the defendant, grant such additional time to answer, or continuances, as shall be reasonably necessary to allow the defendant full opportunity to plead and prepare for the trial of said action. History: Laws 1937, ch. 144, § 4; 1941 Comp., § 6-518; 1953 Comp., § 6-6-17.
NM Stat § 13-4-26 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-26 - Repealed.

ANNOTATIONSRepeals. — Laws 1984, ch. 65, § 175, repealed 13-4-25 and 13-4-26 NMSA 1978, as amended by Laws 1983, ch. 301, §§ 29, 30, relating to architectural contracts and architect rate schedules for capital projects, effective November 1, 1984. For present comparable provisions, see 13-1-123 and 13-1-124 NMSA 1978.
NM Stat § 13-4-27 to 13-4-30 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-27 to 13-4-30 - Repealed.

ANNOTATIONSRepeals. — Laws 2001, ch. 68, § 12 repealed 13-4-27 to 13-4-30 NMSA 1978, as enacted by Laws 1985, ch. 124, §§ 1, 2, and 4 and Laws 1989, ch. 217, § 1, as amended by Laws 1995, ch. 147, §§ 1 to 3, relating to the payment of public works contracts, effective June 15, 2001. For provisions of former sections, see the 2000 NMSA 1978 on NMOneSource.com.
NM Stat § 13-4-31 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 4 - Public Works Contracts|Section 13-4-31 - Short title.

Sections 1 through 12 [13-4-31 to 13-4-42 NMSA 1978] of this act may be cited as the "Subcontractors Fair Practices Act". History: Laws 1988, ch. 18, § 1. ANNOTATIONSMeaning of "this act". — The term "this act" refers to Laws 1988, Chapter 18, §§ 1 to 12 of which appears as 13-4-31 to 13-4-42 NMSA 1978. Section 13 of Laws 1988, Chapter 18 appears as 13-4-43 NMSA 1978.