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New Mexico Mechanics Lien Form

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New Mexico Mechanics Lien Form
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Who should use this form?
  • General Contractor
  • Subcontractor
  • Sub-Subcontractor
  • Material Supplier
  • Equipment Lessor
  • Laborer
  • Architect / Engineer
  • Other
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Supporting Documents
  • Invoice(s)
  • Copy of Written Contract
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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

Deadline for Property Owner / Public Entity General Contractor to send the New Mexico Mechanics Lien
120 days after
Last Furnishing Date

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.

Information that goes on New Mexico Mechanics Lien
Amount of Your Lien Claim
Identify the total amount of your lien claim. This should be the total amount owed to you, after applying all credits, for labor and/or materials furnished to the project.
If not in writing, describe the terms of your contract:
If you did not enter into a written contract to perform services on this project, you must include an identification of the terms of your contract in the lien. Please fill in here the terms of your agreement with the party who hired you, including information about the contract price, payment terms, scope of work and any other important terms of the agreement.
What Type of Contract Did You Have For This Project?
Please let us know whether you had an oral or written contract with the party who hired you.
Select Unpaid Invoices
Select which invoices to associate with this order.
Specific Description of Labor or Materials
This will impact if your lien will be accepted by the county as “lien-able work". The more specific you can be, the better, here. For examples, please see levelset.com/description-of-labor
Who should you send this notice to?
Mail to the Property Owner / Public Entity General Contractor with Affidavit of Service

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.

Others are asking about New Mexico Mechanics Lien

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.

Answered by Matt Viator | Levelset Admin
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. 

Answered by Kire' Jackson | Levelset Admin
GOVERNMENT LIEN
I'm not entirely sure I understand the question - specifically the distinction between the "parts" and "controls." Further, while mechanics lien claims are typically available when construction work is performed but not paid for, work on government property will generally not be lienable. Rather, the GC on federal jobs will usually be required to provide a payment bond - and claims may be made against that. More on that here: Types of Construction Projects – What are They and Why You Should Care. If a mechanics lien was properly filed and additional claims are appropriate - then filing an additional lien claim for the separate work or materials may be appropriate. New Mexico's mechanics lien statute doesn't specifically provide for the ability to amend mechanics lien claims. For more information on New Mexico mechanics lien claims: (1) New Mexico Mechanics Lien Guide and FAQs.
Answered by Matt Viator | Levelset Admin

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Ask a construction lawyer about a New Mexico Mechanics Lien

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Construction attorneys: Courtney Stricklen, Christopher Ng, Andrea Goldman, and Peter Ryan

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.

Bernalillo
E-filing
Cibola
E-filing
Cibola Clerk's
700 E. Roosevelt. Suite 50
Grant, New Mexico, 87020
phone: (505)285-2535
fax:
Curry
E-filing
Curry County Deputy Clerk
417 Gidding St., Suite #130
Clovis, New Mexico, 88101
phone: Phone: (575) 763-5591
fax:
Eddy
E-filing
Lea
E-filing
Otero
E-filing
Sandoval
E-filing
Sierra
E-filing
Sierra County Clerk
100 North Date St Suite 6
Truth or Consequences, New Mexico, 87901
phone:
fax:
Taos
E-filing