Mechanics Lien Deadlines in New Mexico
New Mexico sets separate deadlines for original contractors and other claimants to file a claim of lien with the county clerk and a further deadline to commence an action to enforce it.
New Mexico's mechanics' and materialmen's lien law appears in Chapter 48, Article 2 of the New Mexico Statutes Annotated 1978. It defines who may claim a lien for labor, equipment, or materials, sets the periods within which a claim of lien must be filed for record with the county clerk, and limits how long a filed lien stays valid unless an enforcement proceeding is commenced. The statute also prescribes a preliminary written notice for certain larger claims and treats small residential projects differently.
Filing and enforcing a mechanics lien in New Mexico
Every person who performs labor upon, provides or hauls equipment, tools, or machinery for, or furnishes materials used in the construction, alteration, or repair of a building or other listed structure has a lien upon the same for the work or labor done. 1
A person who files a claim for a lien with the county clerk must deliver a copy of the filed claim to the owner or reputed owner within fifteen days of filing the claim with the county clerk. 2
For a mechanic's or materialman's claim of more than five thousand dollars, the lien claimant must give written notice of the right to claim a lien not more than sixty days after initially furnishing work or materials. 3
The written-notice requirement does not apply to claims of liens made on residential property containing four or fewer dwelling units, to claims by an original contractor, or to claims by mechanics or materialmen who contract directly with the original contractor. 4
A filed lien does not remain valid for longer than two years after the claim of lien has been filed unless enforcement proceedings are commenced within that time. 5
Sources
Under NMSA 1978, Section 48-2-2, every person performing labor upon, providing or hauling equipment, tools, or machinery for, or furnishing materials used in the construction, alteration, or repair of a building or other listed structure has a lien upon the same for the work or labor done.
Under NMSA 1978, Section 48-2-6(B), a person filing a claim for a lien with the county clerk must deliver a copy of the filed claim to the owner or reputed owner within fifteen days of filing the claim with the county clerk.
Under NMSA 1978, Section 48-2-2.1(B), a lien of a mechanic or materialman claimed in an amount of more than five thousand dollars may not be enforced unless the lien claimant gave written notice of the right to claim a lien not more than sixty days after initially furnishing work or materials.
Under NMSA 1978, Section 48-2-2.1(A), the written-notice provisions of Subsections B through D do not apply to claims of liens made on residential property containing four or fewer dwelling units, to claims made by an original contractor, or to claims made by mechanics or materialmen who contract directly with the original contractor.
Under NMSA 1978, Section 48-2-10, no lien remains valid for a longer period than two years after the claim of lien has been filed unless proceedings have been commenced within that time to enforce the lien.
Frequently asked questions
- How long do I have to file a mechanics lien in New Mexico?
- An original contractor has one hundred twenty days after the completion of a contract to file the claim of lien, while every other claimant has ninety days after the completion of the building, improvement, or structure.
- How long do I have to enforce a New Mexico mechanics lien once it is filed?
- A filed lien does not remain valid for longer than two years after the claim of lien has been filed unless proceedings to enforce it are commenced within that time in a court of competent jurisdiction or in binding arbitration.
- Is there a preliminary notice requirement in New Mexico?
- For a mechanic's or materialman's claim of more than five thousand dollars, the lien claimant must give written notice of the right to claim a lien not more than sixty days after initially furnishing work or materials, but that requirement does not apply to claims on residential property containing four or fewer dwelling units, to original contractors, or to those who contract directly with the original contractor.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.