SB 683

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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 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

SB 683

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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, but excluding transportation projects of

the department of transportation; 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.