New Mexico Mechanics Lien Form
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Get help filing your New Mexico Mechanics Lien
When unpaid on a construction project, parties who provided labor and/or materials to it may file a Claim of Lien in New Mexico.
Fill out the form on the right to download your New Mexico Mechanics Lien Form. Use this form to file a lien in New Mexico.
Rules and regulations for sending a New Mexico Mechanics Lien
Parties who contract with a property owner in New Mexico must file their Claim of Lien within 120 days from the substantial completion of their contract. This deadline marks the expiration of that period.
After completing the New Mexico Mechanics Lien Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
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Best way to proceed
There are a few things going on here. For one, when working on a tenant improvement, mechanics lien rights will typically be limited to the tenant's interest in the property. Further discussion on that here: Construction Lien Rights When a Project is a Tenant Improvement.
Additionally, note that federally owned land is generally not subject to mechanics liens. So, filing a lien against land owned by the federal government will typically result in an invalid lien claim. Instead of mechanics lien claims, Miller Act bond claims are usually more appropriate, when the project is bonded. Levelset discusses the Miller Act and bond claims on federal jobs here: The Miller Act Claims: What You Need to Know to Make a Claim.
So, with all of that being said: A lien against a tenant's interest might be available even where the land is owned by the federal government. And, it's possible the project is bonded and that a Miller Act claim could be available. Plus, regardless of lien or bond rights, legal claims will be on the table - and sending invoice reminders, Notices of Intent, demand letters, collections, or even something like small claims court or full on litigation could all be paths for recovery. And, naturally, consulting with a New Mexico construction lawyer could help identify the best path forward: Top New Mexico Construction Lawyers.
how to file a mechanical lien
If contractors and suppliers don't get paid on a construction project in New Mexico, they can file a mechanics lien to secure payment. Some quick mechanics lien deadlines you should be aware of include:
- No Preliminary notice deadlines
- A mechanics lien must be filed within 120 days from project completion
- An action to enforce a New Mexico mechanics lien must be initiated within 2 years from the lien's filing. The deadline may not be extended, and missing the deadline renders the lien unenforceable.
If you have a license that is required by the Construction Industries Licensing Act, you must be licensed to claim a lien. An unlicensed contractor may not be able to file a suit to recover any money owed even without the protection of a lien.
The step-by-step process of filing a lien can be found here.
Ask a construction lawyer about a New Mexico Mechanics Lien
Other forms to use in New Mexico
New Mexico County Recorders
Looking to file/record a mechanics lien in New Mexico? You'll need to get your New Mexico mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in New Mexico. Click on any county to find more information about how to get your lien recorded in that county.
700 E. Roosevelt. Suite 50
Grant, New Mexico, 87020
417 Gidding St., Suite #130
Clovis, New Mexico, 88101
phone: Phone: (575) 763-5591
100 North Date St Suite 6
Truth or Consequences, New Mexico, 87901