New Mexico Residential Home Improvement Contract

New Mexico Residential Home Improvement Contract

Before signing: New Mexico requires a contractor to give the owner a Construction Industries Division-approved written disclosure form before residential work begins, before this contract is signed, or before any money is paid. The disclosure explains that the contractor's license and required bond or other proof of responsibility do not protect the consumer if the contractor defaults. Obtain the current Division-approved form from the Construction Industries Division forms and applications page or the Division, deliver it separately before any of those events, and attach a copy as Exhibit A. This contract does not replace that approved form. If delivery has not occurred, complete that step before signing or payment.

If the contractor personally solicited a household sale and the owner agrees away from the contractor's place of business, check § 57-12-21's coverage and use the New Mexico Door-to-Door Home Improvement Contract for a covered transaction; it includes the buyer's signature warning and duplicate cancellation notices.

Date prepared: [__/__/____]

Owner: [FULL NAME]

Owner notice address: [STREET, CITY, STATE, ZIP]

Contractor's legal name: [NAME]

Contractor's New Mexico license number and classification: [NUMBER; CLASSIFICATION]

Contractor notice address: [STREET, CITY, STATE, ZIP]

Contractor phone and email: [PHONE; EMAIL]

Project property: [STREET ADDRESS, CITY, COUNTY, NEW MEXICO ZIP]

1. Work and documents

Contractor will furnish the labor, supervision, materials, and equipment described in the signed scope attached as Exhibit B. The scope identifies the rooms or areas, material brands or specifications, drawings, work included, and work expressly excluded. Contractor will perform the work in a workmanlike manner consistent with the signed scope and applicable permits and building requirements.

Exhibit B scope summary: [DESCRIBE PROJECT AND ATTACH DETAILED SCOPE]

Excluded work: [LIST EXCLUSIONS OR WRITE NONE]

The signed exhibits are part of this contract. If an exhibit conflicts with the body, the parties will resolve the conflict in a signed change order before the disputed work proceeds.

2. Price and payment

Contract price: $[AMOUNT] ☐ fixed price ☐ time and materials under the rates and ceiling in Exhibit C.

Initial payment, due only after the pre-signature disclosure step above: $[AMOUNT], due [DATE OR EVENT].

Progress payments: [LIST MILESTONES, AMOUNTS, AND INVOICING PROCEDURE].

Final payment: $[AMOUNT OR BALANCE], due [NUMBER] days after [DEFINED COMPLETION AND PUNCH-LIST EVENT], subject to any written, good-faith dispute stated by Owner.

Contractor will give Owner an invoice describing work completed and payments received. Owner will pay undisputed amounts by [PAYMENT METHOD]. Any deposit, progress payment, or final payment remains subject to applicable law; this contract does not waive rights that law does not allow the parties to waive.

3. Schedule and access

Target start: [__/__/____], after required permits, access, and the disclosure step above are complete.

Target substantial completion: [__/__/____].

Work hours and property access: [DAYS, HOURS, ENTRY ARRANGEMENTS].

The parties will promptly document any delay caused by permit review, concealed conditions, owner changes, unavailable materials, or another stated cause. A delay changes the completion target or price only as a signed change order says.

4. Permits, site conditions, and protection

Permit responsibility: [CONTRACTOR / OWNER] will obtain [IDENTIFY PERMITS] and pay the fees allocated in Exhibit C. The party responsible will give the other a copy of each permit and final inspection record.

Owner will disclose known site conditions relevant to the scope, including [KNOWN CONDITIONS]. Contractor will notify Owner promptly in writing if work exposes a condition outside the signed scope. The parties will agree on any related work, price, and schedule change before that work proceeds, except immediate steps reasonably needed to protect people or property.

Contractor will protect adjacent areas, keep the site reasonably orderly, and remove project debris as described in Exhibit B. Responsibility for utilities, pets, stored items, and access restrictions is: [DETAILS].

5. Changes

A change order must state the changed work, price adjustment, payment timing, and schedule adjustment. Both parties must sign it before the changed work begins. Verbal discussions do not amend this contract.

6. Inspection, completion, and correction

When Contractor states the work is substantially complete, the parties will inspect it together and write a punch list identifying incomplete or nonconforming items. Contractor will correct items for which it is responsible by [DATE OR REASONABLE SCHEDULE]. Final completion means [DEFINE REQUIRED WORK, INSPECTIONS, DOCUMENTS, AND PUNCH-LIST CLOSURE].

Express workmanship or product warranty, if offered: [DESCRIBE COVERAGE, DURATION, CLAIM CONTACT, AND EXCLUSIONS; OR WRITE NONE]. A manufacturer's warranty, if any, will be supplied separately. This paragraph does not reduce rights or remedies that cannot lawfully be waived.

7. Suspension and termination

If a party materially fails to perform, the other may give written notice describing the failure and a proposed opportunity to resolve it: [NOTICE ADDRESS AND PERIOD AGREED BY PARTIES]. If the failure is not resolved as agreed, the nonbreaching party may suspend or end the remaining work by further written notice, subject to applicable law. The parties will account for completed work, materials reasonably committed to the project, payments made, and any proven offset. Neither party may enter the other's property or remove installed material except with lawful authority.

8. Disputes and notices

The parties will first exchange a written description of any dispute, supporting records, and a proposed resolution. They may then agree to mediation with [MEDIATOR OR METHOD]. This provision does not bar a claim or remedy that applicable law preserves.

Notices under this contract must be sent to the addresses above by [PERSONAL DELIVERY / TRACKABLE MAIL / AGREED EMAIL], with delivery recorded by [METHOD]. A party changing its notice address will give written notice to the other.

9. Entire agreement and signatures

This contract and its signed exhibits state the parties' agreement for the described project. An amendment requires a writing signed by both parties. New Mexico law governs this contract, subject to any rule that cannot be altered by agreement.

Exhibits attached: ☐ A — copy of Division-approved disclosure delivered before signing ☐ B — scope ☐ C — payment, rate, and permit schedule ☐ other [IDENTIFY].

Disclosure delivery record: Contractor delivered the Division-approved residential disclosure to Owner on [__/__/____] at [TIME] by [METHOD], before this contract was signed, work began, or funds were paid. Owner acknowledges receipt of the attached copy; this acknowledgment records delivery and does not waive any claim.

Owner signature: ______________________________ Date and time: [__/__/____, TIME]

Owner printed name: [NAME]

Contractor signature: ______________________________ Date and time: [__/__/____, TIME]

Contractor signer's name and authority: [NAME; TITLE OR AUTHORITY]

Official sources

• N.M. Stat. Ann. § 60-13-19, license number on bids and pre-contract residential disclosure
• Construction Industries Division forms and applications — request the current Division-approved disclosure form