reglab/housing_qa huggingface dataset:
NM Stat § 57-28-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 28 - Retainage|Section 57-28-7 - Care and protection of work.

All material and work covered by partial payments become the property of the owner, but the contractor and subcontractor are not relieved from the sole responsibility for the care and protection of materials and work for which payments have been made; provided, however, the contractor and subcontractor have no duty for the care and protection of materials and work after the owner has assumed occupancy or use of the work. History: Laws 2001, ch. 68, § 7. ANNOTATIONSEffective dates. — Laws 2001, ch. 68 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
NM Stat § 57-28-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 28 - Retainage|Section 57-28-8 - Final payment.

Ten days after certification of completion, any amounts remaining due the contractor or subcontractor under the terms of the contract shall be paid upon the presentation of the following: A. a properly executed release and duly certified voucher for payment; B. a release, if required, of all claims and claims of lien against the owner arising under and by virtue of the contract other than such claims of the contractor, if any, as may be specifically excepted by the contractor or subcontractor from the operation of the release in stated amounts to be set forth in the release; and C. proof of completion. History: Laws 2001, ch. 68, § 8. ANNOTATIONSEffective dates. — Laws 2001, ch. 68 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
NM Stat § 57-28-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 28 - Retainage|Section 57-28-9 - Repealed.

History: Laws 2001, ch. 68, § 9; repealed by Laws 2007, ch. 213, § 6.ANNOTATIONSRepeals. — Laws 2007, ch. 213, § 6 repealed 57-28-9 NMSA 1978, as enacted by Laws 2001, ch. 68, § 9, relating to disputes, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 57-28-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 28 - Retainage|Section 57-28-10 - Repealed.

History: Laws 2001, ch. 68, § 10; repealed by Laws 2007, ch. 213, § 6.ANNOTATIONSRepeals. — Laws 2007, ch. 213, § 6 repealed 57-28-10 NMSA 1978, as enacted by Laws 2001, ch. 68, § 10, relating to failure to deposit or release retainage, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 57-28-11 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 28 - Retainage|Section 57-28-11 - Attorney fees.

In an action to enforce the provisions of the Prompt Payment Act, the court may award court costs and reasonable attorney fees. History: Laws 2001, ch. 68, § 11; 2007, ch. 213, § 5. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, changed the title of the act.
NM Stat § 57-28A-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 28A - Construction Contracts|Section 57-28A-1 - Construction contracts; provisions void.

A. A provision of a construction contract, agreement, understanding, specification or other documentation that is made part of a construction contract for an improvement to real property in New Mexico is void, unenforceable and against the public policy of the state if the provision: (1) makes the construction contract subject to the laws of another state; or (2) requires any litigation arising from the construction contract to be conducted in another state. B. Any mediation, arbitration or other dispute resolution proceeding arising from or relating to a construction contract for work performed in this state shall be conducted in this state. C. As used in this section, "construction contract" means a public, private, foreign or domestic contract or agreement relating to construction, alteration, repair or maintenance of any real property in New Mexico and includes agreements for architectural services, demolition, design services, development, engineering services, excavation or other improvement to real property, including buildings, shafts, wells and structures, whether on, above or under real property. History: Laws 2011, ch. 28, § 1. ANNOTATIONSEffective dates. — Laws 2011, ch. 28, § 3 made Laws 2011, ch. 28, § 1 effective July 1, 2011. Applicability. — Laws 2011, ch. 28, § 2 provided that the provisions of Laws 2011, ch. 28, § 1 apply to contracts entered into on or after July 1, 2011. Statute inapplicable to franchise agreement. — Where plaintiff, a hotel franchisee, brought an action against the franchisor, alleging that the franchisor fraudulently induced plaintiff into entering into a franchise agreement, and where the franchisor moved to transfer the action to another state pursuant to a forum selection clause in the franchise agreement, and where plaintiff argued that 57-28A-1 NMSA 1978 voided forum selection clauses in construction contracts, the court upheld the franchise agreement's forum selection clause, holding that this section prohibits forum selection clauses in construction contracts, but the franchise agreement in this case was not a construction contract. The franchise agreement, which gave plaintiff the license to use registered trademarks, trade names and service marks, was characterized as a license agreement and not a contractor agreement, and therefore this section did not void the forum selection clause in the franchise agreement. Presidential Hospitality, LLC v. Wyndham Hotel Group, LLC, 333 F. Supp.3d 1179 (D. N.M. 2018).
NM Stat § 57-29-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 29 - Pharmacies|Section 57-29-1 - Pharmacy freedom of choice.

A contract, agreement or arrangement between a pharmacy and a wholesaler, distributor or pharmacy benefit manager for the provision of prescription drugs for resale shall not include a provision requiring the pharmacy to enter into any other contract, agreement or arrangement with the contracting wholesaler, distributor or pharmacy benefit manager to purchase prescription drugs on different terms. History: Laws 2002, ch. 75, § 5 and Laws 2002, ch. 80, § 5. ANNOTATIONSCross references. — For pharmacies and the sale of drugs, see 61-11-15 NMSA 1978. Compiler's notes. — Laws 2002, ch. 75, § 5 and Laws 2002, ch. 80, § 5 enacted identical new sections of the law, effective May 15, 2002. The section was set out as enacted by Laws 2002, ch. 80, § 5. See 12-1-8 NMSA 1978.
NM Stat § 57-30-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-1 - Short title.

Chapter 57, Article 30 NMSA 1978 may be cited as the "Sale of Recycled Metals Act". History: Laws 2008, ch. 29, § 1; 2012, ch. 29, § 1; 2012, ch. 33, § 1. ANNOTATIONSThe 2012 amendment, effective July 1, 2012, changed the statutory reference to the act and at the beginning of the sentence, deleted "This act" and added "Chapter 57, Article 30 NMSA 1978". Laws 2012, ch. 29, § 1 and Laws 2012, ch. 33, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2012, ch. 33, § 3. See 12-1-8 NMSA 1978.
NM Stat § 57-30-2.1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-2.1 - Issuance of registration; period of registration.

The department is authorized to issue registrations to secondhand metal dealers that buy or sell regulated material. Original and renewed registrations shall be valid for a period of three years from the date of issuance, unless the registration is suspended or revoked. History: Laws 2012, ch. 29, § 13 and Laws 2012, ch. 33, § 13. ANNOTATIONSEffective dates. — Laws 2012, ch. 33, § 17 made Laws 2012, ch. 33, § 13 effective July 1, 2012. Compiler's notes. — Laws 2012, ch. 29, § 13 and Laws 2012, ch. 33, § 13 enacted identical new sections. The section was set out as enacted by Laws 2012, ch. 33, § 13. See 12-1-8 NMSA 1978.
NM Stat § 57-30-2.2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-2.2 - Secondhand metal dealers; registration required; application; fee.

A. A secondhand metal dealer shall not buy or sell regulated material without a valid registration issued by the department. B. An application for registration shall be completed, under penalty of perjury, on a form designed and provided by the department and shall include: (1) the full name and business address of the applicant; (2) a list of all locations at which the applicant engages or will engage in the business of buying or selling regulated material; and (3) any other information the department may require by rule. C. An application for registration or for renewal of a registration shall be accompanied by a nonrefundable application fee in an amount not to exceed twenty-five dollars ($25.00). History: Laws 2012, ch. 29, § 14 and Laws 2012, ch. 33, § 14. ANNOTATIONSEffective dates. — Laws 2012, ch. 33, § 17 made Laws 2012, ch. 33, § 14 effective July 1, 2012. Compiler's notes. — Laws 2012, ch. 29, § 14 and Laws 2012, ch. 33, § 14 enacted identical new sections. The section was set out as enacted by Laws 2012, ch. 33, § 14. See 12-1-8 NMSA 1978.
NM Stat § 57-30-2.3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-2.3 - Duties of secondhand metal dealers.

A. A secondhand metal dealer shall: (1) maintain a valid registration, issued by the department, and comply with the requirements of the Sale of Recycled Metals Act and rules promulgated pursuant to that act; (2) comply with all federal requirements for scrap metal dealers, including maintaining storm water permits; (3) register for the metal theft alert system, maintained by the institute of scrap recycling industries or its successor organization; and (4) keep all employees who are involved in the purchasing or receiving of regulated material apprised of alerts received on theft of regulated material in the geographic area. B. A secondhand metal dealer who becomes aware that the dealer is in possession of regulated material that was stolen or unlawfully obtained shall not remove the material from the dealer's premises and shall report the same to a local law enforcement agency within twenty-four hours. History: Laws 2012, ch. 29, § 15 and Laws 2012, ch. 33, § 15. ANNOTATIONSEffective dates. — Laws 2012, ch. 33, § 17 made Laws 2012, ch. 33, § 15 effective July 1, 2012. Compiler's notes. — Laws 2012, ch. 29, § 15 and Laws 2012, ch. 33, § 15 enacted identical new sections. The section was set out as enacted by Laws 2012, ch. 33, § 15. See 12-1-8 NMSA 1978.
NM Stat § 57-30-2.4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-2.4 - Restricted transactions; additional documentation required.

A. A secondhand metal dealer shall not purchase any of the following without written documentation indicating that the seller is the rightful owner or has permission from the rightful owner or that the material was otherwise lawfully obtained: (1) infrastructure grade regulated material that has been burned to remove insulation, unless the seller can produce written proof that the regulated material was lawfully burned; (2) regulated material where the manufacturer's make, model, serial or personal identification number or other identifying marks engraved or etched upon the material have been conspicuously removed or altered; (3) regulated material marked with the name, initials or otherwise identified as the property of an electrical company, a telephone company, a cable company, a water company or other utility company, a railroad or a governmental entity; (4) a utility access cover; (5) a water meter cover; (6) a road or bridge guard rail; (7) a highway or street sign; (8) a traffic directional or control sign or signal; (9) a metal beer keg that is clearly marked as being the property of the beer manufacturer; or (10) a catalytic converter that is not part of an entire motor vehicle. B. The department shall promulgate rules that more specifically describe the type of documentation required before a secondhand metal dealer may engage in a transaction described in this section. History: Laws 2012, ch. 29, § 16 and Laws 2012, ch. 33, § 16. ANNOTATIONSEffective dates. — Laws 2012, ch. 33, § 17 made Laws 2012, ch. 33, § 16 effective July 1, 2012. Compiler's notes. — Laws 2012, ch. 29, § 16 and Laws 2012, ch. 33, § 16 enacted identical new sections. The section was set out as enacted by Laws 2012, ch. 33, § 16. See 12-1-8 NMSA 1978.
NM Stat § 57-30-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-3 - Notice to sellers.

A. A secondhand metal dealer shall at all times maintain in a prominent place in the dealer's place of business, in open view to a seller of regulated material, a notice in two-inch lettering that: (1) includes the following language: "A PERSON ATTEMPTING TO SELL REGULATED MATERIAL MUST PRESENT SUFFICIENT IDENTIFICATION AS REQUIRED BY STATE LAW. WARNING: STATE LAW PROVIDES A CIVIL FINE FOR A PERSON WHO INTENTIONALLY PROVIDES A FALSE DOCUMENT OF IDENTIFICATION OR OTHER FALSE INFORMATION TO A SECONDHAND METAL DEALER WHILE ATTEMPTING TO SELL REGULATED MATERIAL."; and (2) states the secondhand metal dealer's usual business hours. B. The notice required by this section may be contained on a sign that contains another notice if the secondhand metal dealer is required to display another notice pursuant to applicable law. History: Laws 2008, ch. 29, § 3. ANNOTATIONSEffective dates. — Laws 2008, ch. 29, § 16 made the Sale of Recycled Metals Act effective January 1, 2009. Applicability. — Laws 2008, ch. 29, § 15 provided that the provisions of the Sale of Recycled Metals Act shall not apply to a purchase of regulated material from a manufacturing, industrial or other commercial vendor that sells regulated material in the ordinary course of the vendor's business.
NM Stat § 57-30-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-4 - Information provided by seller.

A. A person attempting to sell regulated material to a secondhand metal dealer shall: (1) display to the secondhand metal dealer the person's personal identification document; (2) sign a written statement provided by the secondhand metal dealer that the person is the legal owner of or is lawfully entitled to sell the regulated material offered for sale; (3) provide to the secondhand metal dealer the year, make, model and license plate number of the motor vehicle used to transport the regulated material; and (4) allow the secondhand metal dealer to take a photograph of the seller and the regulated material. B. The secondhand metal dealer or the dealer's agent shall visually verify the accuracy of the personal identification document and vehicle identification presented by the seller at the time of the dealer's purchase of regulated material. History: Laws 2008, ch. 29, § 4; 2012, ch. 29, § 3; 2012, ch. 33, § 3. ANNOTATIONSThe 2012 amendment, effective July 1, 2012, required the seller to permit the secondhand metal dealer to photograph the seller and the regulated material, and in Subsection A, added Paragraph (4). Laws 2012, ch. 29, § 3 and Laws 2012, ch. 33, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2012, ch. 33, § 3. See 12-1-8 NMSA 1978.
NM Stat § 57-30-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-5 - Record of purchase.

A. A secondhand metal dealer in this state shall keep an accurate and legible written record, in a form approved by the department, of each purchase made in the course of the dealer's business of: (1) copper or brass material; (2) bronze material; (3) lead material; (4) aluminum material in excess of ten pounds; or (5) steel material in excess of one ton, except that a written record shall be kept of each purchase of a stainless steel beer keg. B. The record shall be in English and shall include: (1) the place and date of the purchase; (2) the name and address of each person from whom the regulated material is purchased or obtained; (3) the identifying number of the personal identification document of each person from whom the regulated material is purchased or obtained; (4) the year, make, model and license plate number of the motor vehicle used to transport the regulated material; (5) a description made in accordance with the custom of the trade of the type and quantity of regulated material purchased; (6) the statement required by Paragraph (2) of Subsection A of Section 57-30-4 NMSA 1978; and (7) the written documentation required for certain transactions pursuant to Section 57-30-2.4 NMSA 1978, if applicable. C. A secondhand metal dealer may take a digital photograph, with a date and time stamp, of: (1) the seller of the regulated material; and (2) the regulated material in the form in which it was purchased or obtained by the secondhand metal dealer. History: Laws 2008, ch. 29, § 5; 2012, ch. 29, § 4; 2012, ch. 33, § 4; 2016, ch. 51, § 2. ANNOTATIONSThe 2016 amendment, effective May 18, 2016, amended the Sale of Recycled Metals Act to include "lead material"; in Subsection A, added new Paragraph (3) and redesignated the succeeding paragraphs accordingly; and in Subsection B, Paragraph (7), after "Section", deleted "16 of this 2012 act" and added "57-30-2.4 NMSA 1978". The 2012 amendment, effective July 1, 2012, required secondhand metal dealers to maintain written documentation indicating that the seller is the owner of or has permission from the owner to sell certain regulated material; authorized secondhand metal dealers to take photographs of sellers and the regulated material; in Subsection A, after "dealer's business", deleted "from a person"; in Subsection B, added Paragraph (7); and added Subsection C.
NM Stat § 57-30-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-6 - Preservation of records.

A secondhand metal dealer shall preserve each record required by Section 57-30-5 NMSA 1978 until the first anniversary of the date the record was made. History: Laws 2008, ch. 29, § 6; 2012, ch. 29, § 5; 2012, ch. 33, § 5. ANNOTATIONSThe 2012 amendment, effective July 1, 2012, changed the statutory reference to the applicable section and after "Section", deleted "5 of the Sale of Recycled Metals Act" and added "57-30-5 NMSA 1978". Laws 2012, ch. 29, § 5 and Laws 2012, ch. 33, § 5 enacted identical amendments to this section. The section was set out as amended by Laws 2012, ch. 33, § 5. See 12-1-8 NMSA 1978.
NM Stat § 57-30-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-7 - Inspection of records by peace officers; holds on property.

A. Upon request, a secondhand metal dealer shall produce to a peace officer during the dealer's usual business hours the requested record of purchase as required by Section 57-30-5 NMSA 1978. B. If a peace officer determines, through an investigation or examination of the records kept by the secondhand metal dealer, that the dealer may be in possession of stolen property or property that constitutes evidence in a criminal investigation, the peace officer may place a hold on the property prohibiting the sale or removal of the property from the premises. The hold may remain in effect for up to five days or until the hold is lifted or the property is seized, whichever occurs earlier. C. The inspecting peace officer shall inform the secondhand metal dealer of the person's status as a peace officer. History: Laws 2008, ch. 29, § 7; 2012, ch. 29, § 6; 2012, ch. 33, § 6. ANNOTATIONSThe 2012 amendment, effective July 1, 2012, eliminated the authority of employees of the department to inspect records; authorized peace officers to place a hold on property that the officer believes may be stolen property; in Subsection A, after "peace officer", deleted "or an authorized employee of the department"; added Subsection B; and in Subsection C, after "inspecting peace officer", deleted "or authorized employee of the department", and after "status as a peace officer", deleted "or authorized employee of the department". Laws 2012, ch. 29, § 6 and Laws 2012, ch. 33, § 6 enacted identical amendments to this section. The section was set out as amended by Laws 2012, ch. 33, § 6. See 12-1-8 NMSA 1978.
NM Stat § 57-30-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-8 - Furnishing of report to department.

A. As of January 1, 2014, a secondhand metal dealer shall, not later than the second business day after the date of the purchase or other acquisition of regulated material for which a record is required pursuant to Section 57-30-5 NMSA 1978, upload to the database maintained by the department a report containing the information required to be recorded pursuant to that section. B. A local governmental entity shall not impose any reporting requirements on secondhand metal dealers regarding the purchase or acquisition of regulated material. History: Laws 2008, ch. 29, § 8; 2012, ch. 29, § 7; 2012, ch. 33, § 7. ANNOTATIONSThe 2012 amendment, effective July 1, 2012, required secondhand metal dealers to upload the record of acquisitions of regulated material to the database maintained by the department; prohibited municipalities from imposing reporting requirements on secondhand metal dealers; in Subsection A, at the beginning of the sentence, added "As of January 1, 2014, a secondhand metal dealer shall" and after "Section", deleted "5 of the Sale of Recycled Metals Act a secondhand metal dealer shall mail to or file with" and added "57-30-5 NMSA 1978, upload to the database maintained by"; and added Subsection B. Laws 2012, ch. 29, § 7 and Laws 2012, ch. 33, § 7 enacted identical amendments to this section. The section was set out as amended by Laws 2012, ch. 33, § 7. See 12-1-8 NMSA 1978.
NM Stat § 57-30-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 30 - Sale of Recycled Metals|Section 57-30-9 - Database.

The department shall establish and maintain an electronic database containing the records required to be preserved pursuant to Section 57-30-6 NMSA 1978, which database shall be accessible to law enforcement agencies and the department. Records received by the department pursuant to Section 57-30-8 NMSA 1978 shall be available in the database by the end of the second business day following receipt by the department. History: Laws 2008, ch. 29, § 9; 2012, ch. 29, § 8; 2012, ch. 33, § 8. ANNOTATIONSThe 2012 amendment, effective July 1, 2012, restricted access to the database to law enforcement agencies and the department; in the title, deleted "Public" and in the first sentence, after "database shall be accessible to", deleted "the public" and added "law enforcement agencies and the department". Laws 2012, ch. 29, § 8 and Laws 2012, ch. 33, § 8 enacted identical amendments to this section. The section was set out as amended by Laws 2012, ch. 33, § 8. See 12-1-8 NMSA 1978.