New Mexico § 13-4-13 - Failure to pay minimum wage; termination of contract

§ 13-4-13. Failure to pay minimum wage; termination of contract

Every contract within the scope of the Public Works Minimum Wage Act shall contain

further provision that in the event it is determined by the director that any laborer

or mechanic employed on the site of the project has been or is being paid a wage rate

or fringe benefit rate less than the rates required, and in the absence of a voluntary

resolution by the parties, the contracting agency shall, within thirty days of the

director's determination, by written notice to the contractor, subcontractor, employer

or person acting as a contractor, terminate the right to proceed with the work or

the part of the work as to which there has been a failure to pay the required wages

or fringe benefits, and the contracting agency shall prosecute the work to completion

by contract or otherwise, and the contractor or person acting as a contractor and

the contractor's or person's sureties shall be liable to the state for any excess

costs occasioned thereby. Any party receiving notice of termination of a project or subcontract pursuant to

the provisions of this section may appeal the finding of the director as provided

in the Public Works Minimum Wage Act.