Home>Levelset Community>Legal Help>Can a contractor file a lien in NM for a contract in which he performed some work that was specifically excluded from his license. In other words he was unlicensed to contract or perform some of the work in the contract and lien?
Can a contractor file a lien in NM for a contract in which he performed some work that was specifically excluded from his license. In other words he was unlicensed to contract or perform some of the work in the contract and lien?
Contractor has filed lien and lawsuit however some of the work he contracted and performed was specifically not in the scope of his license. Is this legal or valid?
1 reply
Oct 2, 2018
That's a good question, and I'm sorry to hear you've had an issue on this job. In New Mexico, a contractor must be licensed to perform the work leading to the lien. Of course, that does not mean they cannot file a mechanics lien - rather, it could invalidate the lien or leave it unenforceable. The same goes with a lawsuit over work performed by someone not licensed to perform that work - suit may be filed, but the success of that suit would very likely be doomed by a lack of licensure. In order to know whether a gap in licensure could invalidate a filed lien or lawsuit, it's a good idea to reach out to a local construction attorney so that they can review the contractor's license information, the project documentation, and the work performed in order to get a better idea whether a lack of licensure will be fatal to a lien claim or lawsuit. Further, it's generally just a good idea to consult a local construction or real estate attorney once a lien or lawsuit has been filed - regardless of whether there are factors present that could potentially invalidate the claims.