New Mexico § 13-4-41 - Penalties
Full text of New Mexico New Mexico Statutes Annotated § 13-4-41 — Penalties, with citation guidance and answers to common questions.
§ 13-4-41. Penalties
A. When a contractor violates any provision of the Subcontractors Fair Practices Act
except Section 13-4-34 NMSA 1978 , the using agency shall: (1) in the case of a contractor who substitutes another subcontractor in violation
of Section 13-4-36 NMSA 1978 , for the subcontractor originally included in the bid, assess the contractor a penalty
in an amount equal to the greater of ten percent of the amount bid by the listed subcontractor
or the difference between the amount bid by the listed subcontractor and the amount
bid by the substituted subcontractor; (2) in the case of a contractor substituting a listed subcontractor for another subcontractor,
and the substituted subcontractor knowingly participated in a violation of Section 13-4-36 NMSA 1978 , assess the substituted subcontractor a penalty in an amount equal to the greater
of ten percent of the amount bid by the listed subcontractor and the difference between
the amount bid by the listed subcontractor and the substituted subcontractor; or (3) in the case of a contractor who fails to list a subcontractor in excess of the
listing threshold as defined in Section 13-4-38 NMSA 1978 , assess the contractor a penalty of eight percent of the amount of the subcontract
issued for the first violation and thirty percent of the amount of the subcontract
issued for any violation thereafter, on any one project. B. Penalties assessed pursuant to the provisions of this section shall be deposited
into the fund from which the contract was awarded. C. In a proceeding under this section, the contractor shall be entitled to a hearing
after notice. D. A violation of the provisions of the Subcontractors Fair Practices Act constitutes
grounds for disciplinary action against a contractor or a subcontractor, pursuant
to regulations of the construction industries division of the regulation and licensing
department. E. A contractor or a subcontractor who attempts to circumvent the provisions of the
Subcontractors Fair Practices Act shall be subject to the penalties established pursuant
to this section. F. Any listed subcontractor removed in violation of the Subcontractors Fair Practices
Act may bring an action in the district court for damages, injunctive or other relief.
Frequently Asked Questions About New Mexico § 13-4-41
What does New Mexico Statutes Annotated § 13-4-41 cover?
Section 13-4-41 ("Penalties") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 13-4-41?
A common citation format is "New Mexico Statutes Annotated § 13-4-41" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 13-4-41 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.