Prompt Payment Act
New Mexico · Trade Practices and Regulations · §§ 57-28-1 to 57-28-9 · 11 sections
Overview
The act governs the timeliness of payments owed by government agencies on their contracts, setting deadlines by which amounts must be paid and requiring that overdue amounts accrue interest at a prescribed rate. It extends the same discipline down the contracting chain, fixing the time within which contractors must pay their subcontractors and suppliers and requiring interest on amounts withheld beyond it. It also bounds its own reach: payments the agency disputes are exempt where it gives notice of the dispute, interest below a minimum amount is not paid, agencies may not seek additional appropriations to fund interest, and transactions between government agencies fall outside the act entirely.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 3 court decisions.
Most-cited authority: 436 F.3d 1257 - MidAmerica Construction Management, Inc. v. MasTec North America, Inc.
Sections covered
- § 57-28-1 NMSA 1978Short title1 cite
- § 57-28-10 NMSA 1978Repealed
- § 57-28-11 NMSA 1978Attorney fees
- § 57-28-2 NMSA 1978Definitions
- § 57-28-3 NMSA 1978Applicability of act
- § 57-28-4 NMSA 1978Repealed
- § 57-28-5 NMSA 1978Payments; prompt pay required; withholding prohibited2 cites
- § 57-28-6 NMSA 1978Repealed
- § 57-28-7 NMSA 1978Care and protection of work
- § 57-28-8 NMSA 1978Final payment
- § 57-28-9 NMSA 1978Repealed
Enacted in other states
All New Mexico named statutes →
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