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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of New Mexico's mechanic's lien laws to help you protect your right to payment.
Not required
Required within 60 days of first furnishing for claims over $5,000—unless contracted directly with the owner or GC, or on a residential project with 4or fewer units
Required within 60 days of first furnishing for claims greater than $5,000—unless contracted directly with the owner or GC, or on a residential project with 4 or fewer units
Not required
Not required
Not required
Within 120 days after completion of the project
Within 90 days after completion of the project
Within 90 days after completion of the project
Within 2 years after filing the lien
Within 2 years after filing the lien
Within 2 years after filing the lien
Unpaid balance of the direct contract
Unpaid value of labor, materials, equipment, or hauling furnished
Unpaid wages for labor performed
Governed by NMSA §§ 48-2-1 through 48-2-17, mechanic's liens in New Mexico apply to private commercial and residential projects. (Public projects can't be liened; anyone unpaid on public work must seek relief through New Mexico's Little Miller Act.)
New Mexico also has a couple of important quirks to note upfront:
- Certain subcontractors, suppliers, and laborers must send a 60-day preliminary notice to preserve full lien rights.
- Lien filing deadlines run from project completion, not last furnishing—something that can surprise subcontractors and suppliers.
New Mexico protects a wide range of construction participants on private projects. Eligible claimants include:
- General (original) contractors
- Subcontractors of any tier
- Material suppliers
- Laborers and tradespeople
- Equipment, tool, or machinery providers (when consumed or rendered unusable)
- Registered surveyors and layout professionals
- Haulers of materials or equipment
To qualify for a mechanic’s lien in New Mexico, your work must provide labor, materials, equipment, hauling, or surveying that contributes to the construction, alteration, or repair of a building, mine, or other improvement as described in NMSA § 48-2-2.
Here are some examples of what’s usually considered lienable and what isn’t.
Lienable Work in New Mexico
- On-site construction labor
- Alteration or repair of buildings or structures
- Labor performed in mining operations
- Materials incorporated into the property’s improvement
- Materials consumed, destroyed, or rendered unusable during the work
- Construction of roads, bridges, tunnels, fences, ditches, railroads, wharves, or aqueducts
- Hauling of materials or equipment used during the work
- Surveying and layout services performed by a registered surveyor
Non-Lienable Work in New Mexico
- Work on public projects
- Reusable equipment rentals
- Tools, fuel, or supplies not incorporated into the improvement
- Workers’ compensation insurance premiums
- Minor repairs or parts not intended to become permanent improvements
- Administrative or general overhead costs
Before filing a lien in New Mexico, make sure you’ve met any preliminary requirements that apply to your role (see table above).
Deadline to File
- General contractors: within 120 days after completing their contract with the owner
- Subcontractors, suppliers, and laborers: within 90 days after completion of the building or improvement
Filing Requirements
- Filing location: File the Claim of Lien with the county clerk's office where the property is located.
- Form requirements: New Mexico does not provide a statutory form, but the lien claim must include:
- The claimant’s name
- The amount owed, after credits and offsets
- The property owner or reputed owner
- The hiring party (GC or subcontractor)
- A statement of the terms, time given, and conditions of the contract
- A property description sufficient for identification
- Verification: The claim must be verified under oath by the claimant or someone with knowledge of the facts stated in the lien.
- Filing fee: Set by each county clerk.
Service Requirements
A copy of the recorded lien must be mailed, emailed, sent by certified mail (return receipt requested), or hand-delivered to the owner or reputed owner within 15 days after filing. Failure to serve may limit recovery of interest, attorneys’ fees, or costs (NM Stat § 48-2-6).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in New Mexico.
Enforcement Requirements
- Enforcement deadline: You must file a foreclosure lawsuit within two years after filing the lien.
- Filing location: File the foreclosure action in the district court where the property is located.
- Lien priority: In New Mexico, mechanic’s liens generally relate back to the start of visible construction on the project. They typically take priority over mortgages or other encumbrances that are recorded after work begins. Priority among multiple lien claimants depends on each claimant’s compliance with New Mexico’s requirements.
Lien Release Requirements
Once payment is made or the lien is resolved, the claimant should formally discharge the lien by recording a written release or satisfaction of lien with the county clerk where the lien was filed.
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
- Meaningful visibility: View the lien protection status for each project to identify and mitigate risk.
- Document creation: Generate state-specific lien notices instantly using existing project data
- Integrated delivery: Send notices via certified mail directly from Siteline to streamline delivery.
No. Under NMSA § 60-13-30, unlicensed contractors generally cannot bring an action to collect payment. This includes lien foreclosure.
Yes. Subcontractors, suppliers, and laborers can file a mechanic’s lien even if they don’t have a direct contract with the property owner, so long as they meet New Mexico’s requirements.
No. Statutory lien deadlines generally cannot be waived or shortened by contract.
No, New Mexico does not require a Notice of Intent to Lien before recording a mechanic’s lien.
Depends on your role. GCs and any other first-tier claimants are not required to submit a preliminary notice in New Mexico. However, subcontractors, suppliers, and laborers must send a Notice of Right to Claim a Lien within 60 days of first furnishing if:
- Their claim exceeds $5,000,
- They don’t contract directly with the owner or GC, and
- The project is not a residential job with four units or fewer.
If the notice is sent late, lien rights are limited to the last 30 days of work.
No, New Mexico doesn’t provide a statutory lien waiver form. However, every state has its own set of lien waiver rules; brush up on New Mexico’s in this handy lien waiver guide.
You can lien for the unpaid value of lienable labor, materials, and services furnished to the project, after deducting all credits and payments. Non-lienable costs—such as administrative expenses, general overhead, or unrelated fees—generally cannot be included.
No. In New Mexico, lien rights can technically arise from written, oral, or implied contracts. That said, having a written contract in place can help disputes and enforcement proceedings go more smoothly.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.