New Mexico Lien Laws

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In the state of New Mexico, securing lien rights to a property follows a strictly outlined process noted in the state code statutes.  New Mexico lien laws require strict adherence to these policies, filing dates, and other notification dates in order to secure the right to lien on a property for non-payment.  All individuals involved in the construction industry in New Mexico, including contractors, materials suppliers, and laborers should be familiar with these lien laws.

Primary Contractors in New Mexico

In the state of New Mexico, primary contractors are not legally required to file preliminary lien notice in order to secure their lien rights. In order to make claims on liens, the primary contractor must file a claim of lien no later than one hundred and twenty (120) days following the last date of services rendered on a complete project.  Any action to enforce lien rights requires that this action be filed no later than two (2) years following the original date of the lien filing.

Sub Contractors in New Mexico

Sub contractors in the state of New Mexico are required by law to offer preliminary notice of intent to lien in event of non-payment to both owner and prime contractors no later than sixty (60) days after commencing work.  This notice should include complete list of materials and improvement performed if lien value exceeds $5,000.

Sub contractors in New Mexico looking to make claims on lien rights must file their intentions no later than ninety (90) days following the majority completion of a worksite project.  Any action to foreclose upon lien or otherwise enforce lien arrangement is required to be filed no later than two (2) years after original lien filing date.

Materials Suppliers in New Mexico

Materials suppliers in New Mexico are required by law to adhere to same notification and claim procedures as sub contractors in the state.  These key elements of the New Mexico lien laws for materials suppliers, include:

  • Preliminary notice offered no later than sixty (60) days after start for projects more than $5,000 in value
  • Claim on lien filed no later than ninety (90) days following substantial completion of project
  • Enforce lien claim action taken within two (2) year of first lien filing date

 

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