New Mexico Lien Waivers Guide and FAQs

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New Mexico Lien Waiver Overview

New Mexico Lien Waiver Rules


  • Rules At A Glance
  • Top Links
Preliminary notice not required in WV
No Specific Form

New Mexico does not require specific forms for lien waivers.


notary not required on lien waiver
Notarization Not Required

New Mexico lien waivers do not need to be notarized.


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Can Waive Rights in Contract

New Mexico has no specific prohibition on waiving future lien rights through contract.


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Can Waive Rights Before Payment

New Mexico has no specific prohibition on waiving lien rights prior to payment. And, courts have allowed lien waivers when the waiving party was never paid, and in which there was no consideration given for the waiver.

New Mexico lien waivers can be very tricky and dangerous.

Lien waivers are not regulated in New Mexico, and case law suggests that these documents (which are also sometimes called lien releases) are almost always valid to waive lien rights. While some states treat lien waivers like any other contract, New Mexico goes even further down the path of allowing lien rights to be waived in almost all circumstances.

In New Mexico, therefore, when parties exchange a lien waiver, they ought to look very closely at what is being agreed upon, and take careful stock of the status of any payment expected. New Mexico courts have allowed lien waivers not only when when the waiving party was never paid, but even when there was no consideration at all given for the waiver in the first place.

As such, using good, clean, clear, fair, and standard lien waiver forms and language is best practice in New Mexico, because otherwise, there’s no telling what might end up getting waived – and it’s almost assuredly going to be effective to waive something.

Below are some frequently asked questions about the lien waiver laws and requirements in New Mexico.

New Mexico Lien Waivers FAQs

New Mexico lien waivers are exchanged all the time on construction projects. In Arkansas, lien waivers are not regulated. This means that there are no specific laws setting forth the forms and rules of exchanging these documents. New Mexico lien waivers, in fact, can be effective pretty much no matter what form they are in or when they are exchanged. In fact, there is a case in New Mexico that enforced a lien waiver not only when the waiving party didn't get paid, but also hen there was no consideration given for the lien waiver in the first place. As a result, construction job participants must be very careful when preparing, signing, requesting, exchanging, and otherwise handling lien waivers.

New Mexico Lien Waiver FAQs

Does New Mexico require a specific statutory lien waiver form?

No, New Mexico does not provide or require statutory forms for lien waivers. Since no form is set forth by statute, and there is no other regulation of the text or form required in order for a lien waiver to be effective, pretty much any form can be used to waive lien rights in New Mexico. 

What are the requirements for an New Mexico lien waiver? What makes a lien waiver binding?

No specific statutory provisions exist in New Mexico.

Are Unconditional Lien Waivers Prohibited in New Mexico?

No, New Mexico statutory and case law does not prohibit unconditional lien waivers.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in New Mexico?

No, New Mexico does not have a specific statutory provision disallowing an advance lien waiver.  While not specifically similar, New Mexico courts have enforced lien waivers in circumstances in which the waiving party was never paid, and in which there was not consideration given for the waiver.

Must New Mexico lien waivers be notarized?

No. There is no statutory requirement that a New Mexico lien waiver be notarized.

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Recent Questions & Answers
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Good Afternoon – Are joint check agreements in New Mexico forcible if it states signing over lien rights?

joint check was signed with a general contractor that states we cannot file intens/liens . no date. just the date it was signed by a...

Where in the code or NM Statutes does it say this: “New Mexico does not have statutory lien waiver forms; therefore, you can use any lien waiver form”

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Free New Mexico Lien Waivers Forms & Templates

New Mexico doesn’t really regulate the language on lien waivers. This means that you need to be sure about what your lien waiver says before providing it to another party since it’s easy to end up waiving more than intended. Using these forms provided by Levelset is safe, easy, stress-free, and fair for everyone involved. When used correctly, these forms don’t waive more than intended, are fair, and can’t be used against the singing party.

When used correctly, the forms provided here for free by Levelset are clear and fair to all parties. You can download them free, or use our free system to send or request your New Mexico lien waiver form.

Free New Mexico Lien Waiver Forms

These New Mexico lien waiver forms are clear, fair, and drafted by construction attorneys. Make it easy, and use forms from the source you can trust.

New Mexico Final Conditional Lien Waiver Form - free from

New Mexico Final Conditional Lien Waiver Form

This nm final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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New Mexico Final Unconditional Lien Waiver Form - free from

New Mexico Final Unconditional Lien Waiver Form

This nm final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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New Mexico Partial Conditional Lien Waiver Form - free from

New Mexico Partial Conditional Lien Waiver Form

This nm partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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New Mexico Partial Unconditional Lien Waiver Form - free from

New Mexico Partial Unconditional Lien Waiver Form

This nm partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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