WHY send a Preliminary Notice?
To protect your right to file a lien! New Mexico has complex rules regarding who has to send preliminary notice, so make sure to pay attention.
WHO must send a New Mexico Preliminary Notice? And to whom?
It is best practice for all parties to submit preliminary notice on all projects, but you absolutely MUST if you want to protect your lien rights and if the following apply:
- The claimant has NOT contracted directly with the property owner or the general contractor
- The claim is more than $5000
- The project is NOT on a residential property with fewer than 4 dwellings
In New Mexico, notice must be given to the property owner or the general contractor. It does not need to be sent to both, or to either party specifically. But of course, a lien claimant may send notice to both if so desired. (Communication never hurts!)
WHAT is included in a New Mexico Preliminary Notice?
New Mexico provides a preferred preliminary notice form. Download the free Preliminary Notice form here:
WHEN do I send a Preliminary Notice in New Mexico?
New Mexico is pretty straightforward about this requirement: preliminary notice must be sent within 60 days of first furnishing labor and/or materials on a project. However, if notice is sent late, it only applies to the 30 days preceding the date on which notice was given. (This means that if you send notice on time in New Mexico, you could potentially preserve lien rights for an extra 30 days!)
Keep in mind:
- If notice is sent by certified mail or with return receipt requested, the requirement is considered met when the notice is sent.
- If it is sent by fax, the requirement is met when the fax is acknowledged.
HOW do I send a Preliminary Notice?
A New Mexico preliminary notice may be sent by certified mail, return receipt requested, fax with acknowledgement, or by personal service.
Keep in mind:
- Note that New Mexico is the ONLY state that permits the delivery of preliminary notice by fax. So don’t try this anywhere else!