A. When persons include a mediation clause in a contract for performance of a public works project, the provisions of the mediation clause shall not conflict with the provisions of the Public Works Mediation Act. Any language in a mediation clause that conflicts with the provisions of the Public Works Mediation Act shall be unenforceable at law.
B. When a public works project involves the expenditure of federal funds, the mediation process shall be conducted in accordance with mandatory applicable federal law and regulations. When mandatory applicable federal law or regulations are inconsistent with the provisions of the Public Works Mediation Act, compliance with federal law or regulations shall constitute compliance with the Public Works Mediation Act.
History: 1978 Comp., § 13-4C-10, enacted by Laws 1992, ch. 63, § 10.
Structure New Mexico Statutes
Chapter 13 - Public Purchases and Property
Article 4C - Public Works Mediation
Section 13-4C-1 - Short title.
Section 13-4C-2 - Definitions.
Section 13-4C-3 - Application.
Section 13-4C-4 - Mediation requirement; exemptions.
Section 13-4C-5 - Notice of mediation session; service of notice.
Section 13-4C-6 - Location of mediation session.
Section 13-4C-7 - Written materials.
Section 13-4C-9 - Recording of agreements; compromise and offers to compromise.
Section 13-4C-10 - Mediation clause in a contract; application of federal law.