We are a subcontractor not the GC. We have not been able to get paid. We built a metal building for an oil company on state land.
1 reply
Nov 6, 2019
The New Mexico Little Miller Act will generally only come into play when a public project is awarded, exceeding $25,000. But, it's certainly possible that the public property owner may have required payment and performance bonds for a privately-owned improvement upon public land.
Let's look at some related ideas I think might be helpful here...
How to determine whether a New Mexico project on public land is bonded
To better assess whether there's a bond on the project, it might be helpful to request a copy of the project's payment bond from the GC. If there is a payment bond present, the GC is required to provide a copy of that bond to the party requesting it (as long as the request is made in writing and in conjunction with an affidavit stating the requester has performed/is performing work on the project).
Limited mechanics lien rights may be available on tenant improvements
Note also that in a situation where an improvement is being undertaken for a tenant, rather than a fee owner of the property, the party performing work may be entitled to utilize lien rights against the leasehold interest rather than the fee ownership interest. More on that here: What Happens to Mechanics Lien Rights If My Project is a Tenant Improvement?
§ 48-2-4 of the New Mexico mechanics lien statute states that, when the "owner" who initiates the project is less than a fee owner of the property, a mechanics lien will be available against whatever extent the "owner" is entitled to. Put more simply - if a project is initiated by a tenant, the tenant's interest can be liened. And, if the tenant separately owns a building on public property, that building - itself (and not the land under it) - might be subject to lien, too.