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.
Cross references. — For the Uniform Arbitration Act, see 44-7A-1 NMSA 1978. For public works mediation, see Chapter 13, Article 4C NMSA 1978.
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Section 13-4-27 to 13-4-30 - Repealed.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.