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NEW MEXICO STATUTES AND CODES

Section 13-1-170 - Uniform contract clauses.

13-1-170. Uniform contract clauses.

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.   

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