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.
The 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.
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Section 13-4-27 to 13-4-30 - Repealed.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.