A. The licensee shall exhibit satisfactory evidence of the possession of a license on demand and shall clearly indicate his contractor's license number on all written bids and when applying for a building permit.
B. A contractor who fails to indicate his contractor's license number clearly on all written bids and when applying for a building permit shall be assessed a penalty fee of one hundred fifty dollars ($150) by the division. The fee shall be payable to the code jurisdiction or political subdivision that issued the permit or in which the work for which the bid is submitted is or would be permitted.
C. Before work is commenced, a contract is signed or funds are paid for any residential contracting, the contractor shall disclose in writing to the owner, on a form approved by the division, that the license issued and the bond or other proof of responsibility required pursuant to the Construction Industries Licensing Act does not protect the consumer if the contractor defaults. Any contractor who fails to make the disclosure required by this subsection shall be assessed a fee by the division in an amount not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) as determined by the division. The fee shall be payable to the division.
History: 1953 Comp., § 67-35-21, enacted by Laws 1978, ch. 78, § 1; 1983, ch. 105, § 11; 1989, ch. 6, § 18; 2003, ch. 266, § 1.
Repeals and reenactments. — Laws 1978, ch. 78, § 1, repealed former 67-35-21, 1953 Comp. (former 60-13-19 NMSA 1978), as amended by Laws 1977, ch. 245, § 181, relating to evidence of possession, and posting of license, and enacted a new 67-35-21, 1953 Comp.
The 2003 amendment, effective June 20, 2003, deleted "Before work is commenced, a contract is signed or funds are paid for any residential contracting, the contractor shall disclose in writing to the owner that the license issued under the Construction Industries Licensing Act [this article] does not protect the consumer if the contractor defaults" at the end of Subsection A; in Subsection B, deleted "or who fails to make the disclosure statement required under this section" following "for a building permit" near the middle of the first sentence and added "by the division" at the end of the first sentence; and added present Subsection C.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Article 13 - Construction Industries Licensing
Section 60-13-1 - Short title.
Section 60-13-1.1 - Purpose of the act.
Section 60-13-2 - General definitions.
Section 60-13-3 - Definition; contractor.
Section 60-13-6 - Construction industries commission created; membership; duties.
Section 60-13-7 - Construction industries division; director; appointment and qualifications.
Section 60-13-8 - Division; employees; equipment and supplies.
Section 60-13-9 - Division; duties.
Section 60-13-10 - Additional division duties; flood or mudslide areas; standards.
Section 60-13-10.2 - Division and commission; standards to accommodate solar collectors.
Section 60-13-10.3 - Equal access to public baby changing facilities.
Section 60-13-11 - Division or commission; powers.
Section 60-13-12 - Contractor's license required.
Section 60-13-13 - Application for contractor's license.
Section 60-13-13.1 - Repealed.
Section 60-13-13.2 - Licensees; identical or similar names.
Section 60-13-14 - Division; license issuance; reports.
Section 60-13-15 - License issuance; commission review.
Section 60-13-16 - Division; qualifying party; examination; certificate.
Section 60-13-18 - Licenses; renewal.
Section 60-13-19 - Division; evidence of possession; penalty.
Section 60-13-21 - Division; disposition of fees.
Section 60-13-21.1 - Repealed.
Section 60-13-23 - Revocation or suspension of license by the commission; causes.
Section 60-13-23.1 - Administrative penalty.
Section 60-13-25 - Qualifying party; termination of relationship.
Section 60-13-26 - Division; trade bureaus; liability of commission members.
Section 60-13-28 - Suspension period.
Section 60-13-29 - Application following revoked license or certificate.
Section 60-13-30 - Suit by contractor for compensation; pleading and proof of license.
Section 60-13-31 - Trade bureaus created.
Section 60-13-32 - Trade bureaus; definitions.
Section 60-13-33 - Trade bureaus; general duties and powers.
Section 60-13-36 - Certificates of competence; suspension and revocation.
Section 60-13-38 - Certificates of competence; examination; journeymen.
Section 60-13-39 - Certificates and examination.
Section 60-13-40.1 - Repealed.
Section 60-13-41 - Inspectors; designated inspection agencies.
Section 60-13-42 - Authority of inspectors; limitation.
Section 60-13-44 - Trade bureaus; standards; conflicts.
Section 60-13-45 - Trade bureaus; permits.
Section 60-13-46 - Trade bureaus; annual permits.
Section 60-13-47 - Trade bureaus; connection to installation.
Section 60-13-48.1 - Financial statements; confidentiality.
Section 60-13-49 - Proof of responsibility.
Section 60-13-51 - Contractor's bond; municipal requirement prohibited.
Section 60-13-52 - Penalty; misdemeanor.
Section 60-13-53 - Commission or division; powers of injunction; mandamus.
Section 60-13-54 - Continuation of license.
Section 60-13-55 - Continuation of construction codes and standards.