New Mexico
Notice of Right to Claim a Lien-Private Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Notice of the Right to Claim a Lien (Commercial Works), or Stop Notice Preliminary Notice (Residential Works)

Scope: State of New Mexico, Private Work.

Time Constraints: Commercial Jobs: When contracting directly with the owner, no Preliminary Notice is required. Otherwise, serve your Notice of the Right to Claim a Lien upon jobs over $5,000 upon the owners and general contractors and lenders within 60 days of your first furnishing of labor, materials or equipment. Service of a notice late may be made, but it will only cover the prior 30 days of service and days subsequent to the service. Residential Jobs: On residential jobs of four units or less (larger are commercial jobs) serve Stop Notice upon owners, generals and lenders within 20 day of your first furnishing of labor or materials.

Special Notes: The owner or general contractor is required to provide information for your Notice of the Right within 5 days of your written request for the information, or they may lose their right to use your failure to provide a preliminary notice as a defense.

Information Requirements: The information required by the program.

Form Types: Notice of the Right to File a Lien, Exhibits A-D, if used, and Owner Letter, if desired.

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Copies of all of the forms should be sent by certified mail or personal service to the owner and general contractor, if any. Service upon your customer, if not the general contractor, is optional.