SENATE BILL 683

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Leonard Lee Rawson

AN ACT

RELATING TO PUBLIC WORKS PROJECTS; REQUIRING PAYMENT FOR MATERIALS NOT DELIVERED TO OR STORED ON A JOB SITE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. PAYMENT FOR CONSTRUCTION MATERIALS STORED OFF-SITE ON PUBLIC WORKS PROJECT.--

          A. As used in this section:

                (1) "contractor" means the prime contractor on a public works project who contracts directly with the using agency;

                (2) "materialman" means any person who furnishes materials or supplies to a subcontractor or an original contractor;

                (3) "owner" means an office, department, institution, board, commission or other governing body or officer thereof of this state or of any political subdivision thereof that is responsible for authorizing payments to contractors and subcontractors on a public works project;

                (4) "public works project" means a project of the state, including highway projects of the department of transportation, a project of a political subdivision of the state, including any home rule municipality chartered pursuant to the provisions of Article 10, Section 6 of the constitution of New Mexico, a project of an institution or department of the state or a project of a local public body to construct, repair, alter, demolish, install or extend an improvement on real property or to improve real property owned, used or leased by the state, a political subdivision of the state, an institution or department of the state or a local public body; and

                (5) "subcontractor" means a contractor who contracts directly with the contractor.

          B. Whenever a contractor, subcontractor or materialman determines that it is necessary to take delivery of or to store construction materials at a location other than where the actual construction is taking place, the owner shall pay the contractor, subcontractor or materialman the full agreed-upon price for those construction materials when the contractor, subcontractor or materialman provides the owner with a bill of lading or other suitable document establishing delivery of the construction materials at the construction site or off-site storage location, the quantity of the construction materials delivered and acceptance of the construction materials by the contractor, subcontractor or materialman, but the contractor, subcontractor or materialman shall not be required to disclose the price paid for construction materials delivered at or stored at a location other than where the actual construction is taking place.

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