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NM HVAC Contractor: New Mexico Contractor Licensing Law and Regulation (Construction Industries Licensing Act, NMAC Title 14 Chapter 6)

NM HVAC Contractor · Work through your exam, one topic at a time.

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New Mexico Contractor Licensing Law and Regulation (Construction Industries Licensing Act, NMAC Title 14 Chapter 6)

Who may contract

New Mexico regulates mechanical contracting through the Construction Industries Division (CID) of the Regulation and Licensing Department. The governing statute is the Construction Industries Licensing Act (NMSA 1978, Chapter 60, Article 13); the rules sit in NMAC Title 14, Chapter 6, and the mechanical code is adopted at 14.6.4 NMAC, built on the Uniform Mechanical Code as amended by New Mexico. A mechanical (MM) license authorizes only the scope of work in its classification - plumbing, gas fitting, and electrical work each need their own license or a properly licensed subcontractor.

Qualifying party

Every contractor license must carry a qualifying party (QP): an owner, officer, or full-time employee who passed the CID examination, holds a certificate, and is actively engaged in the business. Lose the QP and the license loses its authority - the entity cannot lawfully contract or pull permits until a new QP is certified. The license number must appear on bids, contracts, and advertising, and CID must be notified of changes in the QP or business structure.

Unlicensed practice

Contracting without a license exposes the contractor to misdemeanor prosecution, civil penalties, stop-work orders, and loss of the right to sue for the contract price or record a lien. The owner also loses permit and inspection protection.

Worked example

A firm's qualifying party resigns in March. In May the company signs a $45,000 rooftop unit replacement. No QP means no valid license at the time of contracting: the permit cannot be issued, the contractor cannot enforce the contract, and CID can discipline the entity. The correct path is to certify a new QP before bidding.

Traps

Assuming a journeyman certificate authorizes contracting; assuming a license transfers with a business sale; bidding outside the classification; treating an expired license as active while renewal is pending.