New Mexico
Bond or Lien Claim-Public 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: Notice of Claim on Bond and Lien for Public Improvement.

Scope: State of New Mexico, Public Works.

Time Constraints: Before filing any claim, obtain a copy of the surety bond for specifics. Use the New Mexico Preliminary Notice forms to obtain this information.

You must serve the prime contractor and public entity with a Public Works Bond within 90 days of the date of last furnishing materials, labor or services provided you have no other contractual relationship with the contractor.

Perfection: Before suit can be filed to enforce your Payment Bond claim there must be a mandatory mediation of disputes with the public entity and bonding company. If the arbitration fails or is found in your favor, you may proceed with suit.

After arbitration, you must file suit to perfect your lien claim after complete performance of the contract but within 1 year of the final settlement of the contract. Suit must be filed against the surety at the same time. However, you must give notice to the public entity of your intention to file suit and judgment cannot be taken before 30 days of the date when notice was given.

Payment Bond: Obtain a copy of the public works bond to determine specifics as to filing time limitations for notice and suit.

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 and 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 public entities and 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: Notice of Claim on Bond and Lien for Public Improvement and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien for Public Improvement on the public entities, general contractors and sureties, if known. File suit within one year of the date of the final settlement of the principal contract to perfect your claim.

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