2020 New Mexico Statutes
Chapter 60 - Business Licenses
Article 13 - Construction Industries Licensing
Section 60-13-1 - Short title.

Chapter 60, Article 13 NMSA 1978 may be cited as the "Construction Industries Licensing Act".

History: 1953 Comp., § 67-35-1, enacted by Laws 1967, ch. 199, § 1; 1989, ch. 6, § 1.

Cross references. — For exemption of construction industries committee from authority of superintendent of regulation and licensing, see 9-16-12 NMSA 1978.

For excavation damage to pipelines and underground utility lines, see 62-14-1 NMSA 1978 et seq.

For prohibition against removal or alteration of identification marks from construction equipment, see 70-2-36 NMSA 1978.

The 1989 amendment, effective July 1, 1989, substituted "Chapter 60, Article 13 NMSA 1978" for "this act".

Compiler's notes. — This section was not enacted as part of the Construction Industries Licensing Act but has been compiled here for the convenience of the user.

Licensing boards not contravention of state constitution. — Former act to create boards for the licensing of contractors, and vest them with administrative powers, did not contravene N.M. Const., art. VI, § 13, vesting original jurisdiction of all matters and causes in the district courts. Fischer v. Rakagis, 1955-NMSC-057, 59 N.M. 463, 286 P.2d 312.

Purpose of the act is to provide a comprehensive method for the licensing and control of contractors in order to protect the public from either irresponsible or incompetent contractors. In re Romero, 535 F.2d 618 (10th Cir. 1976).

Phrase "not otherwise exempt by law" in Section 3-38-1 NMSA 1978, allowing licensing and regulation of certain businesses, refers to the exemptions from licensing and regulation created by the Construction Industries Licensing Act, those created by the Private Investigators' Act (now Private Investigations Act, Chapter 61, Article 27B NMSA 1978) and possibly to other statutory exemptions. 1969 Op. Att'y Gen. No. 69-72.

This act does not apply to state agencies insofar as licensing is concerned. 1971 Op. Att'y Gen. No. 71-55.

Employment of former legislative member. — A member of the legislature who resigns his position as a member of such legislature may not be legally employed by the construction industries commission (now replaced by the construction industries division). 1968 Op. Att'y Gen. No. 68-121.

Law reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 13 Am. Jur. 2d Building and Construction Contracts §§ 130, 131; 51 Am. Jur. 2d Licenses and Permits § 1 et seq.; 58 Am. Jur. 2d Occupations, Trades and Professions § 1 et seq.

Validity, construction and application of regulations of business of building or construction contractors, 118 A.L.R. 676.

Failure of building and construction artisan or contractor to procure business or occupational license as affecting enforceability of contract or right to recover for work done - modern cases, 44 A.L.R.4th 271.

Products liability: roofs and roofing materials, 3 A.L.R.5th 851.

Municipal liability for negligent performance of building inspector's duties, 24 A.L.R.5th 200.

53 C.J.S. Licenses § 34.