New Mexico Public Project Frequently Asked Questions

It’s easy to file and manage your New Mexico bond claims with zlien, the industry’s only all-in-one bond claim and security rights management platform.  Get complete control over your bond claim rights on a state, county, or municipal project, by using intelligent technology. To learn more about New Mexico’s bond claim laws and requirements, read the frequently asked questions below.

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Frequently Asked Questions

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New Mexico Bond Claim FAQs

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Who Is Protected under New Mexico Bond Claim Laws?

In New Mexico, protection is extended to almost all parties below the general contractor who furnish labor and/or materials to a public project, provided that project is in excess of $25,000. Suppliers to suppliers may be covered.

Note, however, that any subcontractor who submits a bid of more than $60,000 on a public project must be registered with the labor and industrial division of the state labor department.

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When is the Deadline to File a New Mexico Bond Claim?

The bond claim must be received by the general contractor within 90 days after the claimant last furnishes labor and/or material to the project. Note that parties with a direct contractual relationship with the general contractor are not required to give notice of the bond claim within any specific time period.

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Who Should Receive the New Mexico Bond Claim?

While the general contractor is the only party statutorily required to receive the bond claim, it is likely advisable to also send a copy to the public entity in charge of the project.

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When is the Deadline to Initiate Suit, or, How Long is My New Mexico Bond Claim Effective?

Suit to enforce the bond claim must be initiated within one year of final payment to the prime contractor, but after the claim is given to the general contractor. Notice of suit filing must be sent to the obligee on the bond 30 days prior to filing suit.

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What Must the New Mexico Bond Claim Include?

Bond claims in New Mexico must include the amount claimed and the name of the contractor/ subcontractor to whom the material was furnished or for whom the labor was done or performed.

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What Are the Lien Waiver Rules?

New Mexico does not have statutory lien waiver forms, and therefore, you can use any lien waiver forms. Since lien waivers are unregulated, be careful when reviewing and signing lien waivers. See this article: Should You Sign That Lien Waiver?.

New Mexico state law is unclear or silent about whether contractors and suppliers can waive their lien rights before any work on the project begins. Accordingly, you want to proceed with caution on this subject. You can learn more about such “no lien clauses” at this article: Where Can You Waive Your Lien Rights Before Payment?

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Can Suppliers to Suppliers File Bond Claims?

Maybe. Suppliers to suppliers may be able to file a bond claim in New Mexico. The law is not clear.

<a href=”http://www.zlien.com/articles/suppliers-to-suppliers-mechanics-lien-bond-rights/”Learn more about Bond Claim Rights for Suppliers to Suppliers

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How Must the New Mexico Bond Claim Be Sent?

New Mexico bond claims must be sent via registered mail, or personal service.

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New Mexico Public, State and County Project Preliminary Notice FAQs

Do I Need to Send a New Mexico Preliminary Notice?

Preliminary notice is not required to secure bond claim rights in New Mexico, but any party may send notice if desired.

When do I Need to Send a New Mexico Preliminary Notice?

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What if I Send the New Mexico Preliminary Notice Late?

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How Should the New Mexico Preliminary Notice be Sent?

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To Whom Must the New Mexico Preliminary Notice be Given?

N/A

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