The purpose of the Construction Industries Licensing Act is to promote the general welfare of the people of New Mexico by providing for the protection of life and property by adopting and enforcing codes and standards for construction, alteration, installation, connection, demolition and repair work. To effect this purpose, it is the intent of the legislature that:

A. examination, licensing and certification of the occupations and trades within the jurisdiction of the Construction Industries Licensing Act be such as to ensure or encourage the highest quality of performance and to require compliance with approved codes and standards and be, to the maximum extent possible, uniform in application, procedure and enforcement;

B. there be eliminated the wasteful and inefficient administrative practices of dual licensing, duplication of inspection, nonuniform classification and examination of closely related trades or occupational activities and jurisdictional conflicts; and

C. contractors be required to furnish and maintain evidence of responsibility.

History: 1953 Comp., § 67-35-4, enacted by Laws 1967, ch. 199, § 4; 1978 Comp., § 60-13-4, recompiled as § 60-13-1.1 by Laws 1989, ch. 6, § 2.

Statutory policy. — The policy of the CILA is best served by imposing proportional liability on general contractors who hire unlicensed independent contractors to do dangerous work requiring a license for foreseeable injuries those independent contractors suffer due to their lack of qualifications. A general contractor who negligently hires an unqualified independent contractor to perform dangerous work may be liable for injuries to that same unqualified independent contractor. Tafoya v. Rael, 2008-NMSC-057, 145 N.M. 4, 193 P.3d 551.

Purpose of this act is to protect the public from incompetent and irresponsible builders, and in view of the severity of the sanctions and the forfeitures which could be involved, courts are reluctant to construe the act more broadly than necessary for achievement of its purpose; its provisions should not be transformed into an "unwarranted shield for the avoidance of a just obligation." Olivas v. Sibco, Inc., 1975-NMSC-027, 87 N.M. 488, 535 P.2d 1339.