Fireman's Fund Indem. No recovery based on contract entered into by unlicensed contractor. Fleming v. Phelps-Dodge Corp. Unlicensed contractor should not be able to recover for the fabrication of his clients' cabinets and countertops in light of the fact that, under his view of the agreement, he did not charge anything for installation, because under his legal theory, contractor is in effect asking the court to excuse the construction work he performed without a license and exempt him from the requirements of the Construction Industries Licensing Act.
When recovery prohibited. Institute for Essential Hous. To establish that plaintiff is precluded from recovery by this section requires proof that cabinets were "fabricated" into the structure within the meaning of C 1 NMSA now see D 1 NMSA American Builders Supply Corp. Enchanted Builders, Inc. Recipient of work can recover payments made on a contract to an unlicensed contractor.
Mascarenas v. No license requirement for cleanup activity. Olivas v. Substantial compliance with licensing requirement. The three elements of substantial compliance are: 1 appellant held a valid license at the time of contracting; 2 appellant readily secured a renewal of his license; and 3 the responsibility and competence of plaintiff's managing officer were officially confirmed throughout period of performance of contract.
Since appellant has violated provisions of the act as to aggregate dollar amount of contract for which he is financially responsible at any one time, and thus taken himself out of the duly licensed category, he has "substantially complied" with the licensing requirements to such a degree that he is not barred from bringing suit.
A contractor was in substantial compliance with the act, despite an inadvertent lapse in his license prior to entering into and performing a construction contract; the cancellation of his license occurred for reasons beyond his control and not for reasons of incompetence or discipline, the contractor readily secured a renewal of his license, and the contractor exhibited fiscal responsibility and competence by complying immediately upon becoming aware of the default.
Koehler v. No substantial compliance. Roth v. Party mining copper ore considered contractor. Salter v. Kindom Uranium Corp. Employee not independent contractor where performance controlled. Latta v. Effect of knowledge contractor not licensed. Kaiser v. Tort : A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Employer and employee relationship; independent contractor; improper reporting; penalty; license sanctions. Construction industries commission created; membership;. Construction industries division; director; appointment and qualifications.
Construction industries division publications revolving fund created; appropriation. Division; additional duties; alcohol fuel plant construction code; rules and regulations. Division and commission; standards to accommodate solar collectors.
Expedited licensure; military service members, spouses and dependents; veterans; waiver of fees. Fees established by the division; payment of examination and licensing service fees. Revocation or suspension of license by the commission;. Division; trade bureaus; liability of commission members. Complaints against licensees and certificate holders; investigations by division; informal resolution; notice of revocation action.
Suit by contractor for compensation; pleading and proof of license. Certificates of competence; suspension and revocation. Section Revocation or suspension of license by the commission; causes. Section Certificates of qualification; causes for revocation or suspension. Section Qualifying party; termination of relationship. Section Division; trade bureaus; liability of commission members. Section Complaints against licensees and certificate holders; investigations by division; informal resolution; notice of revocation action.
Section Suspension period. Section Application following revoked license or certificate. Section Suit by contractor for compensation; pleading and proof of license. Section Trade bureaus created. Section Trade bureaus; definitions.
Section Trade bureaus; general duties and powers. Section , Repealed. Section Certificates of competence; suspension and revocation. Section Certificates of competence; examination; journeymen. Section Certificates and examination. Section Inspectors; designated inspection agencies.
Section Authority of inspectors; limitation. Section Qualification of municipal and county inspectors. Section Trade bureaus; standards; conflicts. Section Trade bureaus; permits.
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