New Mexico Lien Waiver Guide
New Mexico accepts custom lien waiver forms. No statutory forms are mandated.
Key Information
Waiver Type
Non-Statutory
Filing Deadline
120 days from last furnishing labor or materials
Notice Requirements
Subcontractors must provide a preliminary notice within a specific timeframe.
Key Statutes
N.M. Stat. Ann. §48-2-1 et seq.
Waiver Types in New Mexico
Conditional Waiver on Progress Payment
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress Payment
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final Payment
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final Payment
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
New Mexico Lien Waiver Rules
New Mexico does not mandate statutory waiver forms. Custom waivers are enforceable. New Mexico requires contractors to comply with notice provisions to preserve lien rights. Waivers should specify the payment amount and project details.
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