Wednesday, October 23, 2013

New Mexico Mechanic's Lien

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.

 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.
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.

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.
For more information about placing a lien in New Mexico, visit http://www.lienitnow.com/new-mexico-faq.asp

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