My customer was offered a discount on the original invoice. I emailed them after they were 30 days late and explained that the discount was a courtesy with the expectation of on-time payment and would be forfeited if they did not make payment within 10 days. I also informed them at that time that i would be filing prelim lien notice and sent them a new invoice without the discount. They did not make payment. When i filed the lien, i filed for the full amount before the discount plus an interest charge that is outlined in my contract with them, for a total of 58k. My customer is now 90 days late on payment. They are trying to only pay me for the original invoice of 47k. I would like to hold out for full payment but dont want to wait too long to get paid and want to make sure that my lien is solid and will hold up in court
When a preliminary notice is required in New Mexico, it must be sent within 60 days of first furnishing labor or materials to the project. If the preliminary notice is required but sent late, it only protects the labor or material furnished beginning 30 days prior to the date notice was sent.
With respect to the amount of the lien, the proper amount of a mechanics lien in New Mexico is the amount agreed to or set forth in the contract – with all just offsets and credits. However, it is allowable to note in the lien that attorney’s fees and interest are also claimed (just not a set amount already added to the lien total).
Attorney’s fees are awarded to the successful lien claimant in a foreclosure action. Interest for the period the claim is unpaid is also added to the award for a successful claimant.
In New Mexico, the award of attorney fees may not be reciprocal to the property owner in this state. That is, if the property owner is successful in defeating the lien in a foreclosure action, the lien claimant may not be held liable for the attorney’s fees of the property owner.