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New Mexico Mechanics Lien Frequently Asked QuestionsNew Mexico Lien Documents are Easy to File with LienItNow.com  What is a New Mexico Construction Lien Claim?In New Mexico, liens filed on private
property or on funds
relating to a public
project are known as
Mechanic's Liens.
New Mexico construction liens
are defined as "a charge
imposed upon specific
property, by which it is
made security for the
performance of an act."
The purpose of the New
Mexico lien law is to
protect those who, by
providing labor,
materials, skills, or
services has changed the
value of a property.
When a New Mexico
mechanics lien is filed
with regard to work
performed on privately
owned property, it
attaches to and
encumbers the fee simple
ownership of the
property. Who can file a New Mexico mechanics' lien Claim?Every person performing
labor upon, providing or
hauling equipment, tools
or machinery for, or
furnishing materials for
the construction of a
Project.
Contractors,
subcontractors,
sub-subcontractors,
architects, surveyors or
builders can file New
Mexico mechanics lien
claims. Can a mechanics' lien Claim be filed on Public Projects?In New Mexico, no
lien may be filed on
public projects or
publicly owned property.
Contractors are required
to obtain bonds on
public works, and claims
against the bond should
be filed instead. Are pre-lien notices required in order to file a New Mexico mechanics' lien Claim?On commercial projects,
a New Mexico preliminary
notice is required if
you do not have a
contract with the owner
or the original (prime)
contractor. In
order to file a Stop
Notice, New Mexico
pre-lien notices are
required on all types of
projects, including
residential and
commercial projects.
The preliminary notice
should be provided
within 60 days of
starting work or
delivering materials on
the Project. Can you file a New Mexico mechanics' lien Claim without a pre-notice?Yes, but failure to
comply with the
preliminary notice
requirements could
result in the lien
claimant losing its
ability to file a New
Mexico mechanics lien
claim. When should a New Mexico mechanics' lien Claim be filed?New Mexico mechanics' liens filed by persons
that have a contract
directly with the owner
must be filed within 120 days of
the completion of the
contract. All other
potential New Mexico
mechanics lien claimants
have 90 days
after completion of the
Project to file a New
Mexico mechanics lien. How much does it cost to file a New Mexico mechanics' lien Claim?LienItNow.com prepares, files and
serves New Mexico
mechanics' liens for a
fee of $250.00. Do I need a written contract to file a New Mexico Mechanics Lien Claim?No. Oral contracts are
sufficient if you have
sufficient documentation
to show the existence of
an agreement or that you
performed the work for
which you are attempting
to file a New Mexico
mechanics lien. How does filing a New Mexico mechanics' lien Claim help me get my money?
The New Mexico
construction lien places
an encumbrance on the
property that makes it
difficult to resell or
re-finance the property
without first removing
the mechanics lien. What is a New Mexico Stop Notice and why should it be filed?
LienItNow.com prepares and serves
New Mexico Stop
Notices for a fee of
$100.00. A New Mexico Stop Notice
is a notification that
has the ability to
enhance the
effectiveness of a
mechanic's lien. A New
Mexico Stop
Notice, or a notice to
withhold funds, is sent
to the company that is
financing or funding the
construction funds for a
project. Once that
company receives the
New Mexico Stop Notice, that
company has notice that
it should withhold
sufficient money to
satisfy the stop notice
claim. The purpose of
the New Mexico Stop Notice is to
provide the lender,
financiers or funders of
the construction project
notice that there is
money owed to a
contractor,
subcontractor or
supplier so that an
inquiry can be made as
to why that money is not
being paid. What is an Amendment to a New Mexico mechanics' lien Claim?
LienItNow.com
prepares, files and
serves New Mexico
Amendments to mechanics' lien Claims for a fee of
$225.00.
Amendments to a
mechanics' lien claim
are often needed when
something about the lien
claim changes.
Common changes to a lien
claim are increases or
reductions in the amount
due to the lienor, or a
change to the last date
of work. When should a Discharge of a New Mexico mechanics' lien claim be filed?
LienItNow.com prepares, files and
serves New Mexico
Discharges of mechanics' lien Claims for a fee of
$75.00. Once the lienor
has been paid the amount
contained in its lien
claim, or has come to an
agreement that requires
the lien claim to be
removed from the
property records, a
Discharge of mechanics' lien Claim should be
filed. Can I file an Extension of a New Mexico mechanics' lien Claim?No extensions of
New Mexico mechanics' lien Claims
are permitted. Can I file a Bond Claim on the Project?LienItNow.com prepares, files and
serves New Mexico
Bond Claims for a fee of
$250.00. Bond claims can
only be filed on a
project where the owner,
contractor or
subcontractor have
obtained a payment bond
to ensure that every
contractor receives
payment for the work
performed on the
Project. The payment
bonds issued by sureties
for construction
projects have specific
timing requirements, but
most require claimants
to submit claims against
the bond within sixty to
ninety days from the
claimants' last date of
work. Bond claims as or
more effective than a
lien claim because the
payment bond acts as a
guarantee that payment
will be made for work
properly completed. Do I need to file a Pre-Notice to make a claim against a payment bond?LienItNow.com prepares, files and
serves New Mexico
Pre-Notices for bond
claims for a fee of
$50.00. Depending on
the terms of the payment
bond, pre-notices may or
may not be required.
LienItNow.com recommends that, prior
to or immediately after
starting work or
delivering materials to
a project,
subcontractors and
suppliers, file a
pre-notice that it is a
potential beneficiary of
the construction
project's bond. |
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