US Legal Forms
New Mexico Subcontractor or Materialman's Request to Subcontractor...

New Mexico Subcontractor or Materialman's Request to Subcontractor Regarding Owner or Construction Lender - Corporation

Q: Can a subcontractor file a lien without a contract?

In fact, the subcontractor doesn&#039;t have any contract with the owner neither written nor verbal!However, presuming that the subcontractor on the project has a written contract with someone, they can still file a lien even if they don&#039;t have a written agreement with the property owner.

Q: How does a mechanic&#039;s lien work?

Mechanic&#039;s liens are legal documents that essentially reserve the rights of the filer to seek unpaid compensation. They are usually filed by contractors, subcontractors, or suppliers that never received payment for work that they performed or materials that they provided on the property.

Category:

Liens - Construction - Mechanics

State:

New Mexico

Control #:

NM-16A-09

Format:

Instant download

Upgrade to a Package! This form is part of a package. Get several related forms for the price of one! Go to Package

Description

This Subcontractor or Materialman's Request to Subcontractor Regarding Owner or Construction Lender form is for use by a corporate subcontractor or materialman who has contracted with a subcontractor to provide materials for the improvement to a residential site to request that the subcontractor provide information, including the name and address of the owner of the residential site, the name and address of the construction lender lending the funds, if any, and the loan officer who actually made the construction loan, if any, for the site improvement, and the accurate legal description of the residential site.

Paternity Test Order

View this form

Affidavit to Pay Support through Court

View this form

Case Party Information Sheet

View this form

Order to Pay Support through Court

View this form

Physician's Report

View this form

Sample Letter for Appreciation to an Insti...

View this form

How to fill out New Mexico Subcontractor Or Materialman's Request To Subcontractor Regarding Owner Or Construction Lender - Corporation?

US Legal Forms is really a special platform where you can find any legal or tax document for submitting, such as New Mexico Subcontractor or Materialman's Request to Subcontractor Regarding Owner or Construction Lender - Corporation or LLC. If you’re tired with wasting time seeking ideal examples and spending money on papers preparation/legal professional fees, then US Legal Forms is exactly what you’re trying to find.

To reap all the service’s benefits, you don't need to download any application but simply choose a subscription plan and register your account. If you already have one, just log in and get a suitable template, download it, and fill it out. Downloaded files are all kept in the My Forms folder.

If you don't have a subscription but need to have New Mexico Subcontractor or Materialman's Request to Subcontractor Regarding Owner or Construction Lender - Corporation or LLC, check out the guidelines below:

make sure that the form you’re taking a look at is valid in the state you want it in.
Preview the sample and look at its description.
Simply click Buy Now to access the sign up webpage.
Pick a pricing plan and keep on signing up by providing some information.
Select a payment method to complete the registration.
Download the file by choosing your preferred file format (.docx or .pdf)

Now, submit the file online or print it. If you feel unsure regarding your New Mexico Subcontractor or Materialman's Request to Subcontractor Regarding Owner or Construction Lender - Corporation or LLC sample, contact a lawyer to check it before you send out or file it. Begin hassle-free!

Form popularity

FAQ

New Mexico mechanics liens are perfected by filing the claim in the county clerk's office where the property is physically located. If the property is situated in more than one county, the claim should be filed in the clerk's office of all counties it is located in.

Invalid Liens A lien stays in the county records and on your property title until you take action to remove it.If the contractor, subcontractor, laborer, or material supplier fails to follow any of the specific time frames, you can petition the court to remove the lien.

To attach a lien, the creditor must record the judgment with the county recorder in any Florida county where the debtor owns real estate now or may own real estate in future. For liens on personal property, the creditor files the judgment with the Florida Department of State.

The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.

Legally, an unpaid contractor, subcontractor or supplier can file a lien (sometimes called a mechanic's lien) that could eventually force the sale of your home in place of compensation.Conversely, if the contractor who worked on your project does not pay for materials, a supplier could place a lien on your property.

If a general contractor refuses to pay his subcontractors, they can make a claim against the payment bond. The surety company will pay out the subcontractors for at least part of their money and take the contractor to court.

In fact, the subcontractor doesn't have any contract with the owner neither written nor verbal!However, presuming that the subcontractor on the project has a written contract with someone, they can still file a lien even if they don't have a written agreement with the property owner.

Someone who is owed money is generally not able to just put a lien on property without first securing a judgment. Securing a judgment requires the creditor to sue the debtor. This may be through circuit court in many jurisdictions. If under a certain dollar amount, this suit may be through the small claims court.

Mechanic's liens are legal documents that essentially reserve the rights of the filer to seek unpaid compensation. They are usually filed by contractors, subcontractors, or suppliers that never received payment for work that they performed or materials that they provided on the property.

Trusted and secure by over 3 million people of the world’s leading companies

Subcontractor or Materialman's Request to Subcontractor Regarding Owner or Construction Lender - Corporation

Note: This summary is not intended to be an all inclusive discussion of New Mexico's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can claim a lien in this State?

Every person performing labor upon, providing or hauling equipment, tools or machinery for or furnishing materials to be used in the construction, alteration or repair of any mine, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, road or aqueduct to create hydraulic power or any other structure, who performs labor in any mine or is a registered surveyor or who surveys real property has a lien upon the same for the work or labor done, for the specific contract or agreed upon charge for the surveying or equipment, tools or machinery hauled or provided or materials furnished by each respectively, whether done, provided, hauled or furnished at the instance of the owner of the building or other improvement or his agent.

How long does a party have to claim a lien?

Every original contractor, within one hundred and twenty days after the completion of his contract, and every person, except the original contractor, desiring to claim a lien pursuant to Sections 48-2-1 through 48-2-19 NMSA 1978, must, within ninety days after the completion of any building, improvement or structure, or after the completion of the alteration or repair thereof, or the performance of any labor in a mining claim, file for record with the county clerk of the county in which such property or some part thereof is situated, a claim containing a statement of his demands, after deducting all just credits and offsets.

What kind of notice is required prior to filing a lien?

No lien of a mechanic or a materialman claimed in an amount of more than five thousand dollars ($5,000) may be enforced by action or otherwise unless the lien claimant has given notice in writing of his right to claim a lien in the event of nonpayment and that notice was given not more than sixty days after initially furnishing work or materials, or both, by either certified mail, return receipt requested, Fax with acknowledgment or personal delivery.

How long is a lien good for?

No lien provided for in Sections 48-2-1 through 48-2-17 NMSA 1978 remains valid for a longer period than two years after the claim of lien has been filed unless proceedings have been commenced in a court of competent jurisdiction within that time to enforce the lien.

Are liens assignable?

New Mexico statutes on construction liens do not specifically speak to whether liens may be assigned to other parties.

Does this State require or provide for a notice from subcontractors and laborers to property owners?

Yes. A lien claim of more that $5,000 must be preceded by a Notice of Right to Claim a Lien. In addition, a subcontractor or other party may make a written demand to the contractor or property owner, requesting information vital to the filing of a lien claim. The owner or contractor must respond within five (5) days or risk losing important defenses in any legal action that follows.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

New Mexico law does not provide or require specific notices from the property owner to contractors, subcontractors, or laborers, however, please see Notice of Non Responsibility, below.

Does this State require a notice prior to starting work, or after work has been completed?

No. New Mexico statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

Yes. A party providing labor or material for the improvement of property is entitled to a lien against that property, unless the owner or person having or claiming an interest in the property shall, within three days after he shall have obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for the same, by posting a notice in writing to the effect, in some conspicuous place upon said land, or upon the building or other improvement situated thereon.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. New Mexico statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

By what method does the law of this State permit the release of a lien?

The owner of any building, mining claim, improvement or structure subject to a lien under Sections 48-2-1 through 48-2-17 NMSA 1978 may petition the district court for the county in which the property or a part thereof is located for an order cancelling the lien.