New Mexico HVAC Service Agreement (Free Template + State Notes)

What Your New Mexico HVAC Contract Should Include

The builder formats these into a clean, professional agreement:

• Parties & Premises: Legal names, service address, site contact, access windows; attic/roof/mech-room access as applicable.
• Scope of Work: Repair/replace/maintain; split/packaged, heat pumps, gas furnace/boiler & hydronic, swamp/evaporative coolers, mini-split/VRF, RTUs; ERV/HRV; controls/BAS.
• Service Levels: Standard vs. emergency; after-hours; extreme heat/monsoon lightning & wind and dust events rescheduling language (especially rooftops).
• Pricing Model: Flat-rate vs. time-and-materials; trip fee policy; parts handling/mark-up; optional remote/rural mileage.
• Materials & Parts: OEM or equivalent; high-temp rated components; UV/sun-resistant wiring/conduit; rooftop anchorage/curb adapters; washable pre-filters/dust screens where specified.
• Customer Responsibilities: Filters, clearances, utilities, roof access/elevator or crane coordination, dust control during wind events.
• Warranty: Labor window; manufacturer pass-through; exclusions (misuse, neglect, wind/hail/flood/dust intrusion/overheat damage, non-payment).
• Code & Safety: Local permits/inspections; NM Mechanical & Energy Code (IMC/IECC-based) with municipal amendments; EPA refrigerant rules; rooftop fall protection and crane plans where needed.
• Change Orders: Written/e-signed authorization for hidden conditions and price changes.
• Payment Terms: Deposits/milestones; due-on-completion; late fees.
• Termination: For convenience vs. cause; cure periods; demobilization costs.
• Dispute & Venue: New Mexico law; optional county venue (Bernalillo, Doña Ana, Santa Fe, Sandoval, San Juan, McKinley, Chaves, Eddy, Lea, Otero, etc.).
• Licensing Info: Legal business name and applicable CID mechanical/HVAC license shown on the agreement; use licensed subs for electrical/plumbing/gas-fitting scopes where required.

New Mexico–Specific Notes (Read Before You Sign)

CID licensing: HVAC and mechanical scopes are licensed through the New Mexico Construction Industries Division. Display your license classification/number and legal business name on proposals and the contract; ensure scope matches classification. Use properly licensed subs for electrical/plumbing/gas-fitting as required.

Permits & inspections are local: Mechanical/electrical/gas permits are issued by the city/county AHJ (e.g., Albuquerque, Las Cruces, Rio Rancho, Santa Fe, Farmington, Roswell, Clovis). Confirm permit needs, plan review (rooftop units/wind/seismic if applicable), fees, and inspection timing before change-outs or new installs.

Codes: Jurisdictions adopt the state NM Mechanical & Energy Codes (IMC/IECC-based) with local amendments. If your scope triggers duct leakage testing, ventilation/ERV balancing, economizers on certain RTUs, or commissioning/controls, assign responsibilities and testing fees in the contract.

Climate & altitude: Include high-temperature operating limits, early/late work-hour adjustments, rooftop wind/lightning safety, dust screens or pre-filters where specified, and altitude derating for gas-fired appliances in higher-elevation markets (Santa Fe/Taos/Los Alamos).

Monsoon & flood-prone sites: Provide anchorage/tie-downs and elevated placement in flash-flood areas when specified; clarify rescheduling during lightning or severe wind advisories.

Cooling-off (in-home sales): Covered home solicitations generally include a 3-business-day right to cancel. Attach the written notice when applicable.

Liens: New Mexico provides mechanic’s lien rights with specific notices/timelines. Keep clear payment terms and retain proof of any required notices/waivers.

This page is general business guidance, not legal advice. Requirements can change—verify rules for your municipality and project type.

Example Pricing & Payment Terms (New Mexico)

Flat-Rate Example

Flat-Rate Replacement: Contractor will replace the condenser fan motor on the 4-ton split system at 1 Civic Plaza NW, Albuquerque, for a fixed price of $535 plus applicable taxes/permit fees. Includes travel within 20 miles and standard disposal.

Time & Materials Example

Labor: $140/hour (first hour billable in full, then 30-min increments).
Materials: Cost + 25% handling.
Trip Fee: $80 per on-site visit (crane/roof access billed if required; rural mileage surcharge if listed in annex).

Deposits & Late Fees (Sample)

• Deposit: 30% on acceptance for projects over $3,000; balance due on completion.
• Late Fee: 1.5%/month (or the maximum allowed by law) on past-due balances over 15 days.

Maintenance Plan Addendum (New Mexico)

• Coverage: 2–3 tune-ups/year per covered system (spring, fall, and optional mid-summer for heavy-use sites or evaporative coolers).
• Tasks: Coil cleaning as needed; condensate management and overflow safeties; electrical tighten; refrigerant check; rooftop safety protocols; ERV/HRV filter & core inspection; dust-screen cleaning where installed; evap-cooler pad replacement/bleed-off as specified.
• Filters: Customer- or Contractor-supplied; sizes and intervals listed in annex; consider higher MERV during dust/smoke events.
• Priority: Plan members get priority scheduling and 10% labor discount on non-covered repairs.
• Exclusions: Non-maintenance repairs, code corrections, concealed defects, abuse, wind/hail/flood/dust/smoke/overheat damage unless stated.
• Term: 12 months; auto-renews unless canceled 30 days prior.

Copy-Ready Clause Examples

CID License & Identification

Contractor holds the required New Mexico CID license(s) for the work described. Contractor’s legal name and License/Classification No. NM-MECH-{{your_number}} appear on this agreement and related communications. Licensed subcontractors will be used for electrical/plumbing/gas-fitting scopes where required.

Extreme Heat, Monsoon Wind/Dust & Altitude Derating

Where required by code, manufacturer, or site conditions, equipment will include rooftop anchorage/curb adapters, hail/wind guards, washable pre-filters/dust screens where specified, and gas-appliance altitude derating per manufacturer instructions. Work may be postponed during excessive heat, lightning, or high-wind events for crew safety.

Change Orders

No change in scope, parts, or price is valid unless authorized by a written or electronic change order signed by both parties.

Cooling-Off (If Sold In-Home)

If this agreement was solicited and signed at Customer’s residence, Customer may have a three (3) business-day right to cancel. If applicable, a separate cancellation notice is attached explaining how to cancel and where to send notice.

Dispute Resolution & Venue

This agreement is governed by the laws of the State of New Mexico. Venue for any action lies in the county where the project is located, unless the parties agree otherwise in writing.

New Mexico HVAC Contract — FAQs