New Mexico

New Mexico

New Mexico Private Projects
Notice Req.
Intent to Lien
Lien Req.
Prime Contractor

Not Required

Not Required

A “Claim of Lien” is required to be recorded one hundred twenty (120 days) consecutive days from last furnishing materials and/or labor to a project.

Sub Contractor

If not contracted directly with the “Prime Contractor” a “Preliminary Notice” is required to be sent if the amount of the lien will exceed $5,000. The “Preliminary Notice” is required to be sent sixty days (60 days) from first providing materials and/or labor.

Not Required

A “Claim of Lien” is required to be recorded Ninety Days (90 days) consecutive days from last furnishing materials and/or labor to a project.

Suppliers/Other

If not contracted directly with the “Prime Contractor” a “Preliminary Notice” is required to be sent if the amount of the lien will exceed $5,000. The “Preliminary Notice” is required to be sent sixty days (60 days) from first providing materials and/or labor.

Not Required

A “Claim of Lien” is required to be recorded Ninety Days (90 days) consecutive days from last furnishing materials and/or labor to a project. .

New Mexico

Mechanics Lien, Preliminary Notice

 

1. Is there a Preliminary notice requirement in the state of New Mexico if I’m not contracted directly with the owner of the property?

Yes! If you do not have a direct contract with the owner of the property and you are working on commercial property you must send a Preliminary notice within 60 days of furnishing material and/or labor.

  • The amount of the contract must exceed $5,000.00
  • A Preliminary notice is not required for first tier subcontractors or 1st tier suppliers

Unlike many other states if you do not send the Preliminary notice with in the first 60 days you are not 100% out of luck!   The Preliminary notice relates back only to services and materials that were provided in the previous 30 days.

SECURE YOUR LIEN RIGHTS by sending Preliminary Notice Now!

2. How long do I have to file a claim of lien in New Mexico?

General Contractors have 120 consecutive days after completing the contracted services.

Subcontractors, Laborers, Suppliers, have 90 consecutive days after completing the project.

SECURE YOUR LIEN RIGHTS by filing a Mechanics Lien Now!

3. Do I have any lien right in the state of New Mexico?

If you are an unlicensed contractor or provide services where a license is required, you are not protected.  Suppliers to suppliers are not protected either.

4. How long do I have to file for a lien of foreclosure?

Within 2 years of the date of filing a Claim of Lien.

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5. Who satisfies the lien when I get paid?

The procedure is not provided in any details. Although, the statute provides that, an owner or original contractor may petition the district court for the county where property is located for an order canceling the lien.

6. What cost or damages am I not able to claim for?

New Mexico protects those that perform labor or services, provide or haul equipment, tools or machinery or supply materials to be used in construction. You cannot claim for materials that were never used for the improvement of the property.  Also furnishings that are not used in permanent attachment to the property are not claimable.  If you are not licensed you cannot make any claims.

SECURE YOUR LIEN RIGHTS by filing a Mechanics Lien Now!

 

 

New Mexico State Projects
Notice Requirements
Lien Requirements
Prime Contractor

Not Required

Not Required

Suppliers/Other

Not Required

Non contracted subs must file a bond claim with the prime within 90 of last furnishing services. Enforcing the lawsuit must be filed with a year from the final settlement of contracted services.

Get Paid Now!Secure your lien rights and get paid on your terms.At SunRay we are interested in the success of your business, as your success is our success!