New Mexico
Bond or Lien Claim-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Lien Claim and Stop Notice

Scope: State of New Mexico, Private Works.

Time Constraints: Commercial Jobs: If a preliminary notice was required for this project, and you failed to serve a preliminary notice on the required parties, you may not claim a lien. See New Mexico Preliminary Notice, Private Works, for more information. Residential Jobs: If you wish to file a stop notice on a residential job, you must have served a stop notice preliminary notice, or you cannot file a stop notice claim. See New Mexico Notice of Right to Claim a Lien, Private Works for more information. You may still file a lien on residential works, but may be limited in your recover without the Stop Notice having been served.

When you must file your Mechanic's Lien depends on your relationship to the owner of the property:

If you dealt directly with the owner, you must file your lien claim within 120 days after completion of your contract, or within 90 days of the completion of the project.

If you dealt by contract with a contractor of the owner, you must file your lien claim within 90 days after the completion of building, alteration, repair or work provided or furnishing of material, rentals or other services.

In addition, when the original contractor submits his bill to the owner for final payment he must notify the owner, in writing, that all unpaid subcontractors and Material men may file liens within the next 20 days. On the same day he must notify in writing all persons he has not paid in full.

Lien Bond: Owner can petition court to remove lien from property into other security.

Perfection: File suit within one year of the filing date of the Notice and within 2 years of the last furnishing of labor, materials or services.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Lien Attachment, Exhibit's A-D, if needed, Notice of Filing Lien, and Recorder's Letter.

Procedures: Prepare your documents using the required information. File your Lien Attachment and serve with Notice of Filing Lien (where required) upon the owners and general contractors (your customer is optional). At this point you are ready enforce all of your claims in one action.

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