New Mexico Statutes
Article 3 - State Transportation Commission
Section 67-3-49 - Claims of highway contractor's creditors; state highway suspense fund.

Whenever, after the completion of any contract for the construction, repair or maintenance of any public highway under the supervision of the state transportation commission and the final acceptance of the work done thereunder, there now is or hereafter may be funds in a sum of less than five hundred dollars ($500) remaining in the hands of the state treasurer, properly payable under said contract, and claims of alleged creditors of such contractor have been filed with the state transportation commission against such funds, then, and at the election of the state transportation commission and upon an appropriate voucher issued by the proper officer of said commission specifying the project number of such contract and the name of such contractor and the names of all creditors who have filed such claims with said commission and the amounts of all claims so filed, the secretary of finance and administration shall issue a warrant for the transfer of the full amount of said fund to a special account to be known as the "state highway suspense fund" and shall specify upon his records the amount of money so transferred, the project number of said contract, the name of said contractor and the names and amounts of the claims of such creditors. Upon receipt of such warrant, the state treasurer shall transfer such funds to the state highway suspense fund in accordance with said warrant.
History: Laws 1929, ch. 108, § 1; C.S. 1929, § 64-342; 1941 Comp., § 58-238; 1953 Comp., § 55-2-38; Laws 1977, ch. 247, § 165; 2003, ch. 142, § 57.
The 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission".
The 1977 amendment substituted "secretary of finance and administration" for "state auditor" in the first sentence.
Making final payment when road may need to be redone. — The commission may lawfully make final payment to a highway contractor on a road constructed by the said contractor even though it appears that it may be necessary to remove and replace the surface base and subbase of the highway at considerable expense, unless the contractor failed to meet the standard and special specifications which constitute a part of the contract and such failure to follow said specifications resulted in the failure of the highway. 1958 Op. Att'y Gen. No. 58-147.

Structure New Mexico Statutes