New Mexico § 52-3-57 - Nonresident employers employing workers in state; requirement for insurance; enforcement

§ 52-3-57. Nonresident employers employing workers in state; requirement for insurance; enforcement

A. Every employer not domiciled in the state who employs workers engaged in activities

required to be licensed under the Construction Industries Licensing Act and every

other employer not domiciled in the state who employs three or more workers within

the state, whether that employment is permanent, temporary or transitory and whether

the workers are residents or nonresidents of the state, shall comply with the provisions

of Section 52-3-9 NMSA 1978 and, unless self-insured, shall obtain an occupational disease disablement compensation

insurance policy or an endorsement to an existing policy, issued in accordance with

the provisions of Section 59A-17-10.1 NMSA 1978 . An employer who does not comply with the foregoing requirement shall be barred from

recovery by legal action for labor or materials furnished during any period of time

in which he was not in compliance with the requirements of this section and, if the

noncomplying employment is in an activity for which the employer is licensed under

the provisions of the Construction Industries Licensing Act, the employer's license

is subject to revocation or suspension for the violation. B. The construction industries division of the regulation and licensing department,

or a local government that is carrying out those duties, shall not issue any permit

required for a contractor to undertake a construction contract if that contract is

for an amount in excess of one hundred thousand dollars ($100,000) unless the contractor

has filed with the division proof of compliance with Subsection A of this section.