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Good Afternoon – Are joint check agreements in New Mexico forcible if it states signing over lien rights?

New MexicoLien Waivers

joint check was signed with a general contractor that states we cannot file intens/liens . no date. just the date it was signed by a manager.

1 reply

Jan 15, 2019
That's a good question. While some states will prohibit the effectiveness of waiver of lien rights prior to receiving funds, New Mexico is not one of those states. New Mexico's lien statute is almost completely silent as to lien waivers. In fact, New Mexico courts have enforced waivers even in a situation where claimants received no funds and the lien waiver was demanded as a condition of making the payment. Thus, an agreement that waives lien rights in New Mexico may very well be valid and enforceable under New Mexico's lien laws. For more information on lien waivers in New Mexico, this resource should be valuable: New Mexico Lien Waiver FAQs.
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