Pre-lien Notice / Notice to Owner

NOTICE OF RIGHT TO CLAIM A LIEN

(Pre-Lien Notice / Notice to Owner)
State of New Mexico

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Statutory Notice)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Appendix A – Certificate of Service

I. DOCUMENT HEADER

1. Title: “Notice of Right to Claim a Lien (New Mexico)”

2. Parties:
   a. “Claimant”: [CLAIMANT LEGAL NAME], a [STATE] [entity type]
   b. “Owner”: [OWNER LEGAL NAME], a [STATE] [entity type / individual]
   c. Optional additional recipients: General Contractor, Construction Lender, Surety

3. Property: [SHORT PROPERTY ADDRESS] (full legal description in Section II)

4. Project: [PROJECT NAME / DESCRIPTION OF IMPROVEMENT]
5. Effective Date: [DATE NOTICE SIGNED]
6. Governing Law: State of New Mexico mechanics’ and materialmen’s lien law (“Lien Law”)

II. DEFINITIONS

The following terms, when capitalized, have the meanings set forth below:

“Claim” – The amount owing to Claimant for Labor and/or Materials furnished to the Improvement, presently estimated at $[AMOUNT].

“Improvement” – The construction, alteration, repair, or demolition work being performed on the Property commonly known as “[PROJECT NAME].”

“Labor and/or Materials” – Labor, professional services, materials, equipment, or furnishings supplied by Claimant for incorporation into the Improvement, first furnished on [FIRST FURNISHING DATE].

“Lien Law” – The New Mexico statutes governing mechanics’ and materialmen’s liens, as amended from time to time.

“Notice” – This “Notice of Right to Claim a Lien,” together with all attachments and the Certificate of Service.

“Property” – The real property more particularly described as:

LEGAL DESCRIPTION: [INSERT FULL LEGAL DESCRIPTION]

III. OPERATIVE PROVISIONS — STATUTORY NOTICE

1. Notice of Right. Pursuant to the Lien Law, Claimant hereby provides written notice to Owner that Claimant has furnished, and/or is furnishing, Labor and/or Materials to the Improvement and hereby asserts its statutory right to claim a lien against the Property and the Improvement to secure payment of the Claim.

2. Amount of Claim. As of the Effective Date, the unpaid amount due and owing to Claimant is $[AMOUNT], exclusive of finance charges, interest, attorneys’ fees, and costs recoverable under the Lien Law.

3. Identity of Contracting Party. Claimant was engaged by [NAME OF PARTY WITH WHOM CLAIMANT CONTRACTED], who is believed to be the [General Contractor / Subcontractor].

4. Timing Compliance. This Notice is being served within the statutory period measured from the First Furnishing Date stated herein.

5. Non-Waiver. Nothing herein constitutes a waiver or release of any lien, bond, or contract rights held by Claimant.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Claimant is duly authorized to execute and deliver this Notice.
2. Licensing. Claimant, if required by law, holds all necessary licenses to perform the Labor and/or furnish the Materials.
3. Accuracy. The facts stated in this Notice are, to the best of Claimant’s knowledge after reasonable inquiry, true, correct, and complete in all material respects.

V. COVENANTS & RESTRICTIONS

1. Cooperation. Claimant covenants to furnish, upon reasonable request, additional documentation substantiating the Claim.
2. Conditional Waiver Upon Payment. Upon receipt of good-funds payment in full of the Claim, Claimant shall execute a lien waiver and, if a lien has been recorded, a lien release suitable for recording.

VI. DEFAULT & REMEDIES

1. Event of Default. Failure of Owner (or the party with whom Claimant contracted) to remit payment of the Claim within [NUMBER] days after receipt of this Notice constitutes a default.
2. Remedies. Upon default, Claimant may, without further notice, exercise any and all remedies available under the Lien Law, including but not limited to:
   a. Recording a mechanics’ lien against the Property;
   b. Initiating foreclosure or other enforcement proceedings; and
   c. Recovering permissible interest, costs, and reasonable attorneys’ fees.

VII. RISK ALLOCATION

1. Limitation of Liability. To the maximum extent permitted under applicable law, Claimant’s liability arising out of this Notice shall not exceed the value of the Labor and/or Materials actually furnished.
2. Force Majeure. Claimant shall not be liable for delays in performance caused by events beyond its reasonable control, including force majeure events recognized under New Mexico law.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Notice and any dispute arising hereunder shall be governed by, and construed in accordance with, the laws of the State of New Mexico, without regard to conflict-of-laws principles.
2. Forum Selection. The parties agree that any action or proceeding arising from or relating to this Notice shall be brought exclusively in a state court of competent jurisdiction located in [COUNTY], New Mexico.
3. Injunctive Relief. Nothing herein shall limit Claimant’s right to seek injunctive or other provisional relief to preserve the Property or prevent impairment of the Claim.

IX. GENERAL PROVISIONS

1. Amendments. Any amendment to this Notice must be in writing and signed by Claimant.
2. Severability. If any provision of this Notice is held unenforceable, the remaining provisions shall remain in full force and effect.
3. Entire Notice. This document, including attachments, constitutes the entire statutory notice required under the Lien Law in connection with the Claim.
4. Counterparts & Electronic Signatures. This Notice may be executed in counterparts, each of which shall be deemed an original. Electronic signatures and electronic or certified mail service are expressly authorized to the extent permitted by law.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned Claimant executes this Notice effective as of the Effective Date set forth above.

CLAIMANT:
[CLAIMANT LEGAL NAME]
By: ________________________________
Name: ______________________________
Title: ______________________________
Date: _______________________________

[Optional Notary Block]

Appendix A – Certificate of Service

STATE OF ____________
COUNTY OF __________

I, [NAME OF PERSON SERVING NOTICE], declare under penalty of perjury that:

1. I am at least 18 years of age and not a party to the above-referenced matter.
2. On [DATE OF SERVICE], I served the foregoing “Notice of Right to Claim a Lien” on the following parties:

a. Owner: [OWNER LEGAL NAME & ADDRESS]
b. [Add additional recipients as necessary]

3. Method of Service (check one):
   ☐ Certified Mail, Return Receipt Requested, Article No. ____________
   ☐ Personal Delivery (Name of Person Served: ____________)
   ☐ Other method authorized by the Lien Law: ____________

4. I have retained (a) the signed receipt, or (b) a sworn affidavit of delivery, as proof of service.

Executed on [DATE] at [CITY, STATE].

________________________________
Signature of Server

________________________________
Printed Name of Server

© [YEAR] [LAW FIRM / AUTHOR NAME]. All rights reserved.
This template is provided for general informational purposes and is not legal advice. Users should consult competent counsel to ensure compliance with current New Mexico law and project-specific circumstances.