How many days do you have to file a mechanics lien in New Mexico?
An original contractor files a claim of lien with the county clerk of the county where the property sits within 120 days after completing the contract. Everyone else files within 90 days after the building, improvement or structure is completed. The claim lists the amount owed after credits and offsets, the owner's name if known, who the claimant worked for, the terms and conditions of the contract, and a description of the property, and it must be verified under oath. Within 15 days of filing, the claimant must mail, email, send by certified mail or hand deliver a copy to the owner; skipping this can cost the claimant interest, attorney's fees and costs.1 NMSA 48-2-6(A)-(B)
Do you need a preliminary notice in New Mexico?
A claimant owed more than $5,000 must give written notice of the right to claim a lien within 60 days after first furnishing work or materials, by certified mail with return receipt, fax with acknowledgment, or personal delivery, to the owner or reputed owner or to the original contractor. The notice does not apply to residential property with four or fewer dwelling units, to original contractors (who deal directly with the owner), or to anyone who contracts directly with the original contractor. A claimant who skips the notice can still give it later, but the lien then covers only work and materials from the 30 days before the notice. The notice must describe the property, give the claimant's name, address and phone, and name the party the claimant contracted with.1 NMSA 48-2-2.1(A)-(E)
How long is a mechanics lien good for in New Mexico?
A lien stops being valid two years after the claim of lien is filed unless a lawsuit or binding arbitration to enforce it has begun in that time.1 NMSA 48-2-10
Who can file a mechanics lien in New Mexico?
Anyone who performs labor on, hauls or provides equipment, tools or machinery for, or supplies materials for the construction, alteration or repair of a building or other structure has a lien. Registered surveyors and people who survey real property also qualify. Contractors, subcontractors, architects and builders in charge of the work count as the owner's agent.1 NMSA 48-2-2
Does a New Mexico lien claim have to be notarized?
The claim of lien must be verified by the oath of the claimant or of another person.1 NMSA 48-2-6(A)
Public jobs: read the New Mexico lien statute.
Sources
- NMSA 48-2-6(A)-(B) (nmonesource.com, 2026-10-27)