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Home Preliminary Notice New Mexico Preliminary Notice New Mexico Preliminary Notice Form

New Mexico Preliminary Notice Form

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New Mexico Preliminary Notice Form
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Get help filing your New Mexico Preliminary Notice

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 preservation of bond rights on the project, claimants may be interested in sending a preliminary notice.

Rules and regulations for sending a New Mexico Preliminary Notice

Deadline for Property Owner / Public Entity General Contractor to send the New Mexico Preliminary Notice
60 days after
First Furnishing Date

To preserve lien rights, those who did not contract with the property owner or the original contractor must deliver Preliminary Notice to both the owner and the original contractor within 60 days of first furnishing labor and materials - with few exceptions. This deadline marks the expiration of 60 days from your first furnishing of labor and/or materials to the jobsite.

5 days after
Other

This deadline indicates that 5 days has expired since the sending of your Request for Information. If the information requested has not been provided by this time, sending a Preliminary Notice with the information you have may be prudent.

60 days after
First Furnishing Date

To preserve lien rights on commercial projects, those who did not contract with the property owner or the original contractor must deliver Preliminary Notice to both the owner and the original contractor within 60 days of first furnishing labor and materials - with few exceptions. Regardless of whether notice is required, though, it's a good idea to send one anyway. This deadline marks the expiration of 60 days from your first furnishing of labor and/or materials to the jobsite.

Information that goes on New Mexico Preliminary Notice
Date Labor or Materials First Delivered
This is the first date you were on the project working or the first date you delivered material to the project.
Date Labor or Materials Last Delivered
This is the last date you were on the project working or the last date you delivered material to the project.
Description of Labor
Describe your contribution to the project as if you’re speaking to someone who isn’t in the construction industry. For examples, go to levelset.com/description-of-labor
Who should you send this notice to?
Mail to the Property Owner / Public Entity General Contractor with Affidavit of Service

After completing the New Mexico Preliminary Notice Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.

Others are asking about New Mexico Preliminary Notice

Payment for services rendered
In New Mexico, a party who furnishes labor or material to a construction work of improvement is generally allowed to file a lien for the amount due - provided certain rules and requirements are met. For parties who contract directly with the owner of the property, no "preliminary" notice is required in order to retain lien rights. And, no written contract is specifically required - a verbal agreement to do the work is sufficient. If work is done, and the payment owed has not been made, a lien may generally be filed within the 120 days following the completion of the project. New Mexico also has rules mandating construction participants get paid within a certain amount of time. These prompt pay laws help to ensure timely payment, and parties can file lawsuits when the requirements are not met. For prime contractors, progress payment must be made within 21 days of invoice, and final payment is due within 10 days of certification of project completion. Note, however, that New Mexico has extremely strict licensing requirements. If the claimant is required to have a license by the Construction Industries Licensing Act, the claimant must be licensed in order to claim a lien. Not only that, an unlicensed contractor may not even be able to file suit to recover any money owed, and it may be possible for the property owner to request a return of the money already paid.
Answered by Nate Budde | Levelset Admin
Im filing a Mechanics Lien in the state of New Mexico. I was hired by the owners agent and not the GC. I did not file a Pre-lien notice and the 90 day period has passed. Would it be of any advantage to file it now?
Great question. If the claimant is required to send a notice under New Mexico lien statutes, the notice should be sent within 60 days of first furnishing of labor/materials. But, preliminary notice in NM is only required under very specific circumstances. A prelim notice is required if; (1) the claimant has not contracted directly with the owner/GC, (2) the claim is for more than $5,000 and (3) the project is not a residential property with less than 4 dwellings. If any of these requirements do not apply to you, then you are not required to send a preliminary notice. For more information on this: New Mexico Preliminary Notice: The Why, Who, What, When & How. As far as the requirements for filing of the Claim of Lien itself, it depends on the role of the contractor. For those who have directly contracted with the owner (or owner's agent) or the GC, the deadline to file a lien claim is 120 days after completion of the project. For all other claimants, it is 90 days from project completion. However, if there is still time before the deadline expires, it may be worth considering a Notice of Intent to Lien. This is a cheap, risk-free option to have your non-payment resolved before filing a lien. A notice of intent is not legally required but is a great way to provide a warning to the owner that a lien may be coming their way. Owners hate mechanics liens, and will try to avoid them at all costs. Sending a notice of intent to lien is usually enough to prompt payment, without resorting to the costly process of filing a lien. Additional information can be found at the New Mexico Lien & Notice Overview page.
Answered by Alex Benarroche | Levelset Admin
In New Mexico, it indicates that a preliminary notice must be sent 60 days from beginning work if (1) claimant doesn't contract with owner or GC, (2) the amount due is greater than $5,000.00, AND (3) the project is not on a residential property in less than 4 dwellings. Is this all or nothing in regards to sending the preliminary notice?
That's a good question, and the preliminary notice rules can be a bit tough to navigate in New Mexico. But first, it's worth noting that it's a good idea to send preliminary notice on every project - regardless of whether notice is required. These notices help to create a clearer payment chain and help to stop payment issues before they even arise. More on that idea here: Why You Should Send Preliminary Notice Even If It’s Not Required. Anyway, in New Mexico, preliminary notice must be sent when all of the following apply: (1) The claimant does not contract directly with the owner or GC; and (2) the cost of the work will exceed $5,000; and (3) the project is NOT a residential with fewer than 4 dwellings. If all of the above apply, notice must be sent in New Mexico within 60 days of first furnishing. But if the claimant contracts directly with the owner or GC, if the cost of work will not exceed $5,000, or if the project is a residential unit with fewer than 4 dwellings, no notice is required. If required, the notice may be sent late, but note that if it is sent late, the notice will only protect the work performed after the notice was sent, plus the 30 days immediately preceding the notice. Work performed more than 30 days prior to sending notice, if notice is sent late, would not be protected by lien rights.
Answered by Matt Viator | Levelset Admin

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New Mexico County Recorders

Looking to file/record a mechanics lien in New Mexico? You'll need to get your New Mexico mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in New Mexico. Click on any county to find more information about how to get your lien recorded in that county.

Bernalillo
E-filing
Cibola
E-filing
Cibola Clerk's
700 E. Roosevelt. Suite 50
Grant, New Mexico, 87020
phone: (505)285-2535
fax:
Curry
E-filing
Curry County Deputy Clerk
417 Gidding St., Suite #130
Clovis, New Mexico, 88101
phone: Phone: (575) 763-5591
fax:
Eddy
E-filing
Lea
E-filing
Otero
E-filing
Sandoval
E-filing
Sierra
E-filing
Sierra County Clerk
100 North Date St Suite 6
Truth or Consequences, New Mexico, 87901
phone:
fax:
Taos
E-filing