N.M. Stat. § 13-1-170

A. A state agency, local public body or central purchasing office with the power to
issue regulations may require by regulation that contracts include uniform clauses
providing for termination of contracts, adjustments in prices, adjustments in time of
performance or other contract provisions as appropriate, including but not limited to the
following subjects:

       (1)      the unilateral right of a state agency or a local public body to order in
writing:

             (a) changes in the work within the scope of the contract; and

             (b) temporary stoppage of the work or the delay of performance;

      (2)    variations occurring between estimated quantities of work in a contract
and actual quantities;

       (3)      liquidated damages;

       (4)      permissible excuses for delay or nonperformance;

       (5)      termination of the contract for default;

       (6)   termination of the contract in whole or in part for the convenience of the
state agency or a local public body;

       (7)     assignment clauses providing for the assignment by the contractor to the
state agency or a local public body of causes of action for violation of state or federal
antitrust statutes;

       (8)      identification of subcontractors by bidders in bids; and

       (9)      uniform subcontract clauses in contracts.
    B. A state agency, local public body or central purchasing office with the power to
issue regulations shall require by regulation that contracts include a clause imposing
late payment charges against the state agency or local public body in the amount and
under the conditions stated in Section 13-1-158 NMSA 1978.

History: Laws 1984, ch. 65, § 143; 1997, ch. 104, § 2; 1997, ch. 222, § 2.

                                      ANNOTATIONS

The 1997 amendment, effective June 20, 1997, designated the introductory language
as Subsection A, redesignated former Subsections A to I as Paragraphs A(1) to A(9),
redesignated former Paragraphs A(1) and A(2) as Subparagraphs A(1)(a) and A(1)(b),
and added Subsection B.

Laws 1997, ch. 104, § 2 and Laws 1997, ch. 222, § 2 enacted identical amendments to
this section.

Termination for convenience clause. — Where the city of Albuquerque contracted
with plaintiff to be the primary supplier of certain fuels to the city’s fleet management
division, the city did not wrongfully terminate the contract when plaintiff was unable to
meet the city’s fuel needs, where the evidence established that the city terminated the
contract for default and convenience, and where the contract specifically stated that the
city may terminate the contract at any time by giving plaintiff at least thirty days notice in
writing of such termination; the city was not required to have any good cause or
persuasive reason for terminating the contract. MB Oil Ltd., Co. v. City of Albuquerque,
2016-NMCA-090.