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.
Section 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.
Structure New Mexico Statutes
Chapter 13 - Public Purchases and Property
Article 4 - Public Works Contracts
Section 13-4-1 - Public works contracts.
Section 13-4-1.1 - Definitions; construction contract; contractor.
Section 13-4-2 - Application of preference.
Section 13-4-3 - Federal aid projects exempt.
Section 13-4-4 - [Contracts in violation declared void.]
Section 13-4-5 - Use of New Mexico materials.
Section 13-4-6 - [Discrimination against New Mexico softwood timber in building codes prohibited.]
Section 13-4-7 - [Use of New Mexico timber in public buildings required.]
Section 13-4-8 - Federal aid projects.
Section 13-4-10 - Short title.
Section 13-4-10.1 - Definitions.
Section 13-4-13 - Failure to pay minimum wage; termination of contract.
Section 13-4-13.1 - Public works contracts; registration of contractors and subcontractors.
Section 13-4-14.1 - Labor enforcement fund; creation; use.
Section 13-4-14.2 - Registration cancellation, revocation, suspension; injunctive relief.
Section 13-4-16 - Construction of act.
Section 13-4-17 - Outstanding contracts and invitations.
Section 13-4-18 - Construction contract performance and payment bonds.
Section 13-4-20 - Additional bond in case of insolvency of sureties.
Section 13-4-22 - [Secretary of state as agent for service.]
Section 13-4-23 - [Service where there is no designated agent.]
Section 13-4-24 - [Continuances.]
Section 13-4-27 to 13-4-30 - Repealed.
Section 13-4-31 - Short title.
Section 13-4-32 - Legislative findings.
Section 13-4-33 - Definitions.
Section 13-4-34 - Listing of subcontractors; requirements.
Section 13-4-35.1 - Application of act.
Section 13-4-36 - Substitution of subcontractor.
Section 13-4-37 - Bond requirements.
Section 13-4-38 - Failure to specify subcontractor.
Section 13-4-39 - Inadvertent clerical error.
Section 13-4-40 - Emergency subcontracting.