The process for filing your lien varies based on the state you work in—and finding and understanding your state’s lien laws can be quite tricky. We’re here to take away the complexity and confusion and give it to you straight. If you work in New Mexico and need to know the lien laws, this is the blog for you. Here, we break down exactly what the state of New Mexico requires for you to properly file a valid construction lien or bond.
How to File a Valid Lien in New Mexico:
- Place 2* and below Contractors and Material Suppliers must send a notice of intent to file a lien in the event of nonpayment. This notice must be sent within sixty (60) days of the time the first work was performed and/or materials supplied to the Owner and the Place 1* Contractor.
- Place 1* Contractors must file their lien within one hundred and twenty (120) days of final completion.
- Place 2* and below Contractors and Material Suppliers must file their liens within ninety (90) days of final completion.
- Place 2* and below Contractors and Material Suppliers on residential projects must file their liens within ninety (90) days of the last time work was performed and/or material supplied.
- You must file suit to enforce your lien within two (2) years of it being filed.
How to Have a Valid Bond Claim in New Mexico:
- Payment bonds are required on public projects of more than $25,000.
- Only Place 3* and above Contractors and/or Material Suppliers have bond claim rights.
- You must send notice of unpaid amounts to the Place 1* Contractor within ninety (90) days of the last time work was performed and/or materials supplied.
- You must file suit to enforce your bond claim within one (1) year of the project being complete.
If you work in New Mexico, be sure to take the time to understand and know these rules fully. The better you know your lien filing laws, the more likely you are to do it properly and get paid what you are owed. If you are looking to get your hands on New Mexico’s lien forms, consider purchasing the required materials from us! If you’d like someone else to take care of filing your construction lien or bond, and do it the right way, contact a professional New Mexico lien attorney who is experienced in construction law. Our sister company, The Cromeens Law Firm, has a lien and collections team ready to take care of it for you. Do the work now to better protect your pay later.
*The “places” referenced in the rules above correlate to the Construction Food Chain Chart from Karalynn Cromeens’ book,
Quit Getting Stiffed. The chart can be found here to use when following these lien and bond rules.