New Mexico Preliminary Notice Guide and FAQs

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New Mexico Preliminary Notice FAQs

About New Mexico Preliminary 20-Day Notices

New Mexico Preliminary Notice Rules
At a Glance


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Preliminary Notices Are Sometimes Required

New Mexico requires a preliminary notice to be sent under these conditions. 1) The claimant does not contract directly with the property owner or the general contractor; AND 2) The claim is for more than $5000; AND 3) The project is NOT on a residential property with less than 4 dwellings.


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GCs Not Required to Send Notice

Preliminary Notice is not required when contracting directly with the property owner.


60
DAYS
Subcontractors Must Send Notice If...

Preliminary notice must be given when: 1) The claimant does not contract directly with the property owner or the general contractor; AND 2) The claim is for more than $5000; AND 3) The project is NOT on a residential property with less than 4 dwellings.


60
DAYS
Suppliers Must Send Notice if...

Preliminary notice must be given when: 1) The claimant does not contract directly with the property owner or the general contractor; AND 2) The claim is for more than $5000; AND 3) The project is NOT on a residential property with less than 4 dwellings.


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Notice Can be Sent Late

Notice can be sent after the 60-day deadline in New Mexico, but if a required preliminary notice is sent late, it only relates back to work performed or materials furnished in the 30 days prior to the date on which notice is given.


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Send to Owner or GC

New Mexico is unique in that preliminary notice is to be sent to either the owner or the GC, and the statute both doesn't specific which one or mandate both. As a best practice, notice should likely be sent to both parties, however.

Preliminary notice not required in WV
Preliminary Notice Not Required

New Mexico does not require that preliminary notice be sent on public projects. Sending preliminary notice even when not required, however, can be beneficial to promote visibility, open channels for communication, and speed payment.


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N/A

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


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Notice Not Required from Subs

New Mexico does not require that preliminary notice be sent on public projects. Sending preliminary notice even when not required, however, can be beneficial to promote visibility, open channels for communication, and speed payment.


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Notice Not Required from Suppliers

New Mexico does not require that preliminary notice be sent on public projects. Sending preliminary notice even when not required, however, can be beneficial to promote visibility, open channels for communication, and speed payment.

New Mexico is very stringent and reserved with respect to preliminary notice requirements. While most states that have restrictive requirements related to the projects on which preliminary notice must be given make sure that owner-occupied or single family residential properties are specifically included to get notice, New Mexico goes the completely opposite direction.

New Mexico only requires a preliminary notice to be sent under certain very specific conditions. Preliminary notice in New Mexico must be given when:

1) The claimant does not contract directly with the property owner or the general contractor, AND
2) The claim is more than $5000, AND
3) The project is NOT on a residential property with less than 4 dwellings.

All other parties on all other projects are not required to send preliminary notice in New Mexico. This is quite different than most limiting rules regarding preliminary notice, as residential projects with less than 4 dwelling units are specifically exempted from preliminary notice. Put another way, preliminary notice is required in New Mexico only for 2nd-tier or lower parties with a claim of over $5,000 on commercial and large-scale “residential” projects of more than 4 units.

When required, a preliminary notice must be sent within 60 days of the first date that labor or materials were provided on a project. In another unique twist to the general rules regarding preliminary notice, New Mexico has an interesting approach to late notices. Like some other states, notice in New Mexico may be provided after the regular deadline, but its effect will be limited. In New Mexico however, the “look-back” period s not equal to the deadline time, like it is in most other states with similar provisions. For example, a California preliminary notice is due in 20 days from first furnishing, and if the notice is provided late, it protects the labor or materials furnished beginning 20 days prior to the notice. In Ne Mexico, however, preliminary notice is due in 60 days from first furnishing, but if the notice is provided late, it only protects the labor or materials furnished beginning 30 days prior to the notice.

Preliminary Notice Frequently Asked Questions

If you're sending preliminary notices in New Mexico, it's important to understand the rules surrounding when they are required, and to get all the details right. If you're receiving prelims, it's important to know what you're looking at and know what to do in followup. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult, and a headache. These are some frequently asked questions about the New Mexico preliminary notice process.

Prelim FAQs on Private Projects

Do I Need to Send a New Mexico Preliminary Notice?

It depends. New Mexico only requires a preliminary notice to be sent under certain conditions. Preliminary notice must be given when all of the following apply: 1) The claimant does not contract directly with the property owner or the general contractor; AND 2) The claim is for more than $5000; AND 3) The project is NOT on a residential property with less than 4 dwellings. All other parties are not required to send preliminary notice. However, they may choose to send a notice of intent to lien in an attempt to facilitate payment.

When do I Need to Send a New Mexico Preliminary Notice?

If required to send preliminary notice, the notice must be delivered within 60 days of first furnishing labor or materials to the project.

What if I Send the New Mexico Preliminary Notice Late?

If the preliminary notice, when required, is delivered after 60 days from the date of first furnishing labor and materials to the project, it only relates back to work performed or materials furnished in the 30 days prior to the date on which notice is given.

How Should the New Mexico Preliminary Notice be Sent?

If required, the preliminary notice may be sent by certified mail, return receipt requested, by fax with acknowledgment, or by personal service. New Mexico is unique in that it allows service of the preliminary notice by fax with acknowledgment.

Do I Have to Send the New Mexico Preliminary Notice to Someone Other than the Owner?

Not necessarily. In New Mexico, the preliminary notice may be given to either the property owner or the general contractor. It is not required to be served on both, or either party specifically. Of course, a lien claimant may send the notice to both parties if desired.

Is the New Mexico Preliminary Notice Requirement met when sent or delivered?

In New Mexico, notices are considered delivered when sent by certified mail, return receipt requested, or when the fax is acknowledged, if sending by fax.

Prelim FAQs on Public Projects

Do I Need to Send a New Mexico Preliminary Notice?

Preliminary notice is not required to secure bond claim rights in New Mexico, but any party may send notice if desired.

When do I Need to Send a New Mexico Preliminary Notice?

N/A

What if I Send the New Mexico Preliminary Notice Late?

N/A

How Should the New Mexico Preliminary Notice be Sent?

N/A

To Whom Must the New Mexico Preliminary Notice be Given?

N/A

Need More Help with New Mexico Preliminary Notices?

New Mexico Preliminary Notice Form Template

The New Mexico preliminary notice form is regulated by statute. Just because there are a lot of exceptions to the requirement to send preliminary notice, it doesn’t mean that any preliminary notice will do. While the form may not be required to look a specific way, the document must contain certain information. The forms provided here for free by Levelset are compliant with the New Mexico rules. You can download them for free, or use our system to send or request them easily.

New Mexico Preliminary Notice Form - free from

New Mexico Preliminary Notice Form

On New Mexico State Construction Projects, claimants are not required to send any type of preliminary notice. However, as a precautionary measure and for ultimate...

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