New Mexico Lien Waiver Rules
- Rules At A Glance
- Top Links
No Specific Form
New Mexico does not require specific forms for lien waivers.
Notarization Not Required
New Mexico lien waivers do not need to be notarized.
Can Waive Rights in Contract
New Mexico has no specific prohibition on waiving future lien rights through contract.
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.