Who the deadlines apply to
New Mexico's statute speaks of the "original contractor" and of every other person claiming a lien under Sections 48-2-1 through 48-2-17 [1]. On this page the first is the direct contractor; the second group covers subcontractors, sub-subcontractors, suppliers and laborers.
The copy of the filed claim and the deadline to sue each name all five roles on any project type [1]. The lien filing stage has two rules, one for the direct contractor and one for the other four roles [1].
The notice stage is where the roles part. Its counted rule, which carries the condition set out below, names sub-subcontractors, suppliers and laborers, and it reads Other than residential [1]. For direct contractors and subcontractors on any project type, the stage reads None required [1].
How the periods run
The notice before a lien. This rule carries a condition. For a lien claimed in an amount of more than five thousand dollars ($5,000) by a mechanic or materialman who is not the original contractor and does not contract directly with the original contractor [1], the period on property other than residential is 60 days after initially furnishing work or materials, or both [1]. Under § 48-2-2.1(B), such a lien may not be enforced by action or otherwise without the notice [1]. Subsection E allows the notice to be given at a later time; the lien then applies only to the work performed or materials furnished on or after the date thirty days prior to the date the notice was given [1]. The note under this rule in the table names the recipients and the ways the notice may be given.
The claim of lien. Section 48-2-6(A) sets both filing periods in one sentence, and each runs from a different event. The direct contractor's rule reads Within one hundred twenty days after the completion of a contract [1]. The calculator counts no date for it, because the completion of a contract is not one of its inputs. For the other four roles, the period runs from a different completion: 90 days after the completion of the building, improvement or structure or of its alteration or repair [1]. Either claim is filed for record with the county clerk.
The copy to the owner. Once the claim is filed, a copy of it goes to the owner or reputed owner, if known, stated in the claim, within 15 days after the claim of lien is filed with the county clerk [1]. Section 48-2-6(B) states that a failure to serve it may preclude the recovery of interest, attorney's fees or costs [1].
Enforcing the lien. Section 48-2-10 measures the last stage from the same filing: 2 years after the claim of lien is filed with the county clerk [1]. The statute states that the lien does not remain valid longer than that unless proceedings to enforce it have been commenced within that time, in a court of competent jurisdiction or in binding arbitration [1].
How residential work is treated
Only the notice stage turns on the residential test of § 48-2-2.1(A) [1]. The conditional notice rule above is listed as Other than residential. On residential property, the same three roles, sub-subcontractors, suppliers and laborers, are listed with None required [1]. The filing, service and enforcement rules make no distinction by project type.
What changed recently
Section 48-2-6 was last amended by Laws 2023, ch. 61, effective June 16, 2023, which added the copy of the filed claim to the owner [1]. Sections 48-2-2.1 and 48-2-10 were last amended by Laws 2007, ch. 212 [1].