Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of New Mexico.

COMMERCIAL:

• Upfront Notice:
  • Preliminary Notice:
    • Required within 60 days of first delivery.
    • Along with this notice, BICA also sends a Request for Information which requires the owner or original contractor to provide the accurate job information needed to complete the Preliminary Notice.
    • If data is received that changes what was originally sent in the Preliminary Notice, BICA re-sends the Preliminary Notice with the updated data.

• Follow-up Notice: There is no statutory follow-up notice.

RESIDENTIAL:

• Upfront Notice:
  • Preliminary Notice:
    • Required within 20 days of first delivery.
    • This notice is only required in order to file a Stop Notice.
    • A lien can only be claimed on funds the owner has not yet paid to the original contractor. The preliminary notice is not required to file a lien, only to file a Stop Notice.
• Follow-up Notice: There is no statutory follow-up notice.

PUBLIC:

• Upfront Notice: BICA sends a Courtesy Notice.

• Follow-up Notice (if not paid):
  • Notice to Contractor (Little Miller Act):
    • Required within 90 days of last delivery.
    • This notice is available on the BICA member portal.

Throughout our site you can find more resources on the process of filing mechanic’s liens and preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.