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.
ANNOTATIONS
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.
Notes of Decisions
GandyDancer, LLC v. Rock House CGM, LLC, 2019 NMSC 021 (N.M. 2019).
· cites it 2× “{3} GandyDancer filed a complaint with the New Mexico Construction Industries Division (CID) in 2015 that alleged Rock House violated the Construction Industries Licensing Act (CILA), NMSA 1978, §§ 60-13-1 to -59 (1967, as amended through 2013), by performing unlicensed…”
Reule Sun Corp. v. Valles, 226 P.3d 611 (N.M. 2009).
· cites it 2× “{4} Following a bench trial, the district court found that Perez performed the contract “under the complete direction and control of [Reule]” and that the “subject of [the] lawsuit [did] not involve a claim for compensation by an unlicensed contractor in violation of NMSA 1978,…”
Terrazas v. Garland & Loman, Inc., 2006 NMCA 111 (N.M. Ct. App. 2006).
· cites it 2× “{15} We hold that for choice-of-law purposes, G & L’s right to assert comparative fault as a defense to a common-law negligence action brought by a plaintiff-worker is properly characterized as an issue of tort law, not workers’ compensation law.”
Tafoya v. Rael, 193 P.3d 551 (N.M. 2008).
· cites it 2× “1 (emphasis added). The CILA further states that to accomplish this purpose, it is the intent of the legislature that “examination, licensing and certification of the occupations and trades within the jurisdiction of [the CILA] be such as to .”
McElhannon v. Ford, 73 P.3d 827 (N.M. Ct. App. 2003).
· cites it 2× “{1} This case requires us to decide if summary judgment was properly entered against the purchasers of a new home who sued a seller-general contractor for failure to disclose that the home was built without permits required by the Construction Industries Licensing Act (CILA),…”
Roth v. Thompson, 825 P.2d 1241 (N.M. 1992).
“We recently discussed the purpose of the Construction Industries Licensing Act, NMSA 1978, Sections 60-13-1 to 60-13-59 (Repl.Pamp.1984) (the Act), in Mascarenas v.”
Little v. Jacobs, 2014 NMCA 105 (N.M. Ct. App. 2014).
· cites it 2× “The Construction Industries Licensing Act (CILA), NMSA 1978, §§ 60-13-1 to -59 (1967, as amended through 2013), was enacted 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…”
Padilla v. Pueblo of Acoma, 754 P.2d 845 (N.M. 1988).
· cites it 2× “Licensing Act, NMSA 1978, §§ 60-13-1 to 59 (Repl.Pamp.1984 & Cum.”
Kreischer v. Armijo, 884 P.2d 827 (N.M. Ct. App. 1994).
· cites it 2× “We thus rephrase the issue before us as follows: whether the Construction Industries Licensing Act, NMSA 1978, §§ 60-13-1 to -57 (Orig.Pamp.), (the Act) allows a cause of action based on breach of contract against the individual owner of the construction license who was not a…”
Fowler Bros., Inc. v. Bounds, 188 P.3d 1261 (N.M. Ct. App. 2008).
· cites it 2× “The law governing contractor licensing in New Mexico is the Construction Industries Licensing Act (CILA), codified at NMSA 1978, §§ 60-13-1 to -59 (1967, as amended through 2007).”
Reule Sun Corp. v. Valles, 191 P.3d 1197 (N.M. Ct. App. 2008).
· cites it 2× “The trial court allowed the suit and concluded that Reule did not violate the licensing provisions of the Construction Industries Licensing Act (CILA), NMSA 1978, §§ 60-13-1 to -59 (1967, as amended through 2007).”
Gamboa v. Urena, 90 P.3d 534 (N.M. Ct. App. 2004).
· cites it 2× “{1} In this case we consider the reach of the Construction Industries Licensing Act (CILA), NMSA 1978, §§ 60-13-1 to -59 (1967, as amended through 2003), which precludes an unlicensed contractor from seeking compensation for construction work that can only be performed by a…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.