Mechanics liens

New Mexico mechanics lien law and deadlines

In New Mexico an original contractor has 120 days after completing its contract to file a lien claim with the county clerk; everyone else has 90 days after the work is completed. Lower-tier claimants on larger jobs also owe a notice within 60 days of first furnishing.

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New Mexico's mechanics lien statute is Chapter 48, Article 2 of the New Mexico Statutes (NMSA 48-2-1 and following). The filing deadline depends on who you are: an original contractor files within 120 days after completing its contract, and every other claimant files within 90 days after the building, improvement, or repair is completed. Claims go to the county clerk, a copy goes to the owner within 15 days, and the lien expires unless you start a court action or binding arbitration within two years of filing. Some lower-tier claimants also need a notice within 60 days of first furnishing.

New Mexico mechanics lien deadlines at a glance
StepDeadline or ruleStatute
Preliminary noticeWithin 60 days after first furnishing, for claims over $5,000 by parties who did not contract with the owner or the original contractor (not required on residential property of four or fewer units)48-2-2.1
Lien claim, original contractorWithin 120 days after completion of its contract48-2-6(A)
Lien claim, everyone elseWithin 90 days after completion of the building, improvement, or structure, or of the alteration or repair48-2-6(A)
Where to fileCounty clerk of the county where the property is located48-2-6(A)
Copy to ownerWithin 15 days of filing48-2-6(B)
EnforcementCourt action or binding arbitration within 2 years after filing48-2-10
Public projectsNo lien; 100 percent payment bond on contracts over $25,00013-4-18

Who has lien rights in New Mexico

Section 48-2-2 gives a lien to every person performing labor on the improvement, providing or hauling equipment, tools, or machinery, or furnishing materials used in the construction, alteration, or repair, and it expressly includes a person who surveys real property. The same section treats contractors, subcontractors, architects, and builders as the agent of the owner for lien purposes, which is how lower-tier work reaches the owner's property. Design professionals other than surveyors should read the current statute text with counsel before relying on a lien.

Order of payment matters when a property sells for less than the liens. Under 48-2-13, the court ranks claims with everyone other than original contractors and subcontractors paid first, subcontractors next, and original contractors last. If you are the GC on a $900,000 shell building, your lien sits behind your own subs and suppliers.

The 60-day notice for lower-tier claimants

New Mexico has a targeted preliminary notice rule in 48-2-2.1. A mechanic or materialman claiming more than $5,000 cannot enforce the lien unless it gave written notice no more than 60 days after first furnishing work or materials. The rule does not apply to original contractors, to parties who contract directly with the original contractor, or to residential property with four or fewer dwelling units. So a first-tier electrical sub is exempt, but the electrical sub's wire supplier is not.

  • Recipients: the statute calls for notice to the owner or reputed owner of the property or to the original contractor, if any. Sending to both is the safe practice.
  • Delivery: certified mail with return receipt requested, facsimile with acknowledgment, or personal delivery.
  • Contents: at minimum, a description of the property specific enough to identify it.
  • Late notice: under 48-2-2.1(E) you can still send it later, but the lien then covers only work or materials furnished starting 30 days before the notice date.

Filing and serving the lien claim

The claim of lien is filed with the county clerk where the property, or part of it, is located. Under 48-2-6(A) it must name the owner or reputed owner if known and the person who hired you or bought your materials, state the terms, time given, and conditions of your contract, describe the property well enough to identify it, and be verified by oath. Note the difference in triggers: the original contractor's 120 days run from completion of its contract, while the 90 days for subs and suppliers run from completion of the building or improvement.

Within 15 days of filing, 48-2-6(B) requires you to send a copy of the filed claim to the owner or reputed owner at the last known address, or at the owner address in the county assessor's records if no address is known. Mail, email, certified mail with return receipt, or hand delivery all work. Skipping this step can cost you interest, attorney's fees, and costs if you later win.

Enforcing the lien

A New Mexico lien does not last forever. Section 48-2-10 says it is not binding for longer than two years after the claim is filed unless proceedings to enforce it are started within that time in a court of competent jurisdiction or in binding arbitration. Two years sounds generous, but projects stall, owners refinance, and evidence ages. Most contractors decide well before then whether to sue or settle.

Lien waivers and residential work

The lien sections reviewed for this page do not set out a mandatory statutory lien waiver form, so New Mexico contractors use contract or industry forms. Keep each waiver tied to a specific payment and through-date, and prefer conditional waivers until the money clears. For homeowners, the main residential difference in the statute is the 48-2-2.1 exemption: lower-tier claimants on residential property with four or fewer units do not have to send the 60-day notice. The filing and enforcement deadlines are the same.

Public projects use payment bonds instead

Liens do not attach to public property. New Mexico's Little Miller Act, NMSA 13-4-18, requires a performance bond and a payment bond on public construction contracts over $25,000, each equal to 100 percent of the contract price, with the payment bond protecting everyone supplying labor and material to the contractor or its subcontractors. The purchasing agency can reduce either bond before solicitation, but not below 50 percent of the contract price. Public jobs also carry wage obligations covered in New Mexico prevailing wage, and payment timing in New Mexico prompt payment rules.

Licensing questions are covered in New Mexico contractor license requirements. Statute text changes, so confirm the current version or talk with a New Mexico construction attorney before you file.

Frequently asked questions

How long do I have to file a mechanics lien in New Mexico?

An original contractor has 120 days after completing its contract. Subcontractors, suppliers, and other claimants have 90 days after completion of the building, improvement, or repair.

Does New Mexico require a preliminary notice?

Only for some claimants. A party claiming more than $5,000 who did not contract with the owner or directly with the original contractor must give written notice within 60 days of first furnishing. Residential property with four or fewer units is exempt.

How long is a New Mexico mechanics lien valid?

Two years after the claim is filed, unless you start a court case or binding arbitration to enforce it within that time.

Do I have to send the owner a copy of the lien?

Yes. Send a copy of the filed claim within 15 days by mail, email, certified mail, or hand delivery. Failing to do so can cost you interest, attorney's fees, and costs.

Can I file a lien on a New Mexico public project?

No. Public construction contracts over $25,000 require a payment bond, and unpaid subs and suppliers claim against that bond.

Sources

  1. NMSA 48-2-2, persons entitled to lien (FindLaw)
  2. NMSA 48-2-2.1, notice requirement (FindLaw)
  3. NMSA 48-2-6, filing lien claim and notice to owner (FindLaw)
  4. NMSA 48-2-10, duration of lien (FindLaw)
  5. NMSA 48-2-13, rank of liens (FindLaw)
  6. NMSA 13-4-18, performance and payment bonds (FindLaw)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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