A. No applicant for a contractor's license or for renewal of a contractor's license shall be issued a license until the director determines that the applicant furnishes proof of responsibility pursuant to Subsection B of this section.

B. Proof of responsibility shall be a bond of ten thousand dollars ($10,000) acceptable to the director and underwritten by a corporate surety authorized to transact business in New Mexico. Such bond shall meet the following conditions:

(1) payments from a bond required pursuant to this section shall only be used to cure code violations caused by a licensee, certified by the division and not corrected by the licensee. Claims against the bond shall be made within two years following final inspection by the governmental entity having jurisdiction over code enforcement or within two years of issuance of a certificate of occupancy for the construction project, whichever is earlier;

(2) the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond;

(3) the bond carrier shall provide to the division and to the licensee thirty days' prior written notice of intent to cancel a bond required pursuant to this section. The surety for such a bond shall remain liable under the provisions of the bond for all obligations of the principal pertaining to bond terms that occur before the bond is canceled, expires or otherwise becomes ineffective;

(4) failure to maintain the bond for the period required by law is cause for revocation of the license; and

(5) if the bond is canceled, expires or otherwise becomes ineffective during the period of a license, the division shall notify the licensee that a new bond is required. If the licensee has not provided proof of a new bond before the fortieth day after the date on which the bond was canceled, expired or otherwise became ineffective, the license shall be subject to revocation for failure of proof of responsibility.

History: 1953 Comp., § 67-35-57, enacted by Laws 1967, ch. 199, § 57; 1969, ch. 224, § 13; 1977, ch. 245, § 211; 1985, ch. 153, § 1; 1989, ch. 6, § 42; 2008, ch. 38, § 1.

The 2008 amendment, effective July 1, 2009, deleted former Subsections B through J, which provided for the form and amounts of financial responsibility; for revocation of a license for failure to maintain proof of financial responsibility; for the limitation in actions on the proof of responsibility; and for cancellation of a license upon cancellation or expiration of a contractor's proof of responsibility; and added a new Subsection B.

Formerly, judgments against principal could not be collaterally attacked by surety because it was claimed that attorneys' fees were not proper element of damages in suit based upon a statutory contractor's bond. State ex rel. Dar Tile Co. v. Glens Falls Ins. Co., 1967-NMSC-206, 78 N.M. 435, 432 P.2d 400.

Judgment against principal was conclusive, absent fraud or collusion under former law. State ex rel. Dar Tile Co. v. Glens Falls Ins. Co., 1967-NMSC-206, 78 N.M. 435, 432 P.2d 400.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 17 Am. Jur. 2d Contractors' Bonds § 1 et seq.

53 C.J.S. Licenses § 42.