HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 300

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO LIENS; CLARIFYING THE CONTENTS OF A LIEN CLAIM TO ENSURE A CLAIM IS NOT INVALID, FRIVOLOUS OR CLEARLY EXCESSIVE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 48-2-6 NMSA 1978 (being Laws 1880, Chapter 16, Section 6, as amended) is amended to read:

     "48-2-6. TIME FOR FILING LIEN CLAIM--CONTENTS.--

          A. Every original contractor, within one hundred [and] twenty days after the completion of [his] a contract, and every [person] claimant, except the original contractor, desiring to claim a lien pursuant to Sections 48-2-1 through [48-2-19] 48-2-17 NMSA 1978 [must] shall, within ninety days after the completion of any building, improvement or structure or after the completion of the alteration or repair [thereof] of the building, improvement or structure or the performance of any labor in a mining claim, file for record with the county clerk of the county in which [such] the property or some part [thereof] of it is situated a claim containing a statement of [his] demands, after deducting all just credits and offsets.

          B. The claim shall [state] include:

                (1) the name of the owner or reputed owner, if known; [and also]

                (2) the name of the person by whom [he] the claimant was employed or to whom [he] the claimant furnished the materials; [and shall include]

                (3) a statement of the terms, time given and the conditions of the contract; [and also]

                (4) a description of the property to be charged with the lien, sufficient for identification [The claim must be verified by the oath of himself or of some other person];

                (5) the name of the claimant and an address to which payment, response or service of process is to be sent to the claimant; and

                (6) a sworn statement by the claimant under penalty of perjury stating that the claim is:

                     (a) filed with the consent of the owner or reputed owner;

                     (b) pursuant to a contract between the owner or reputed owner and the claimant;

                     (c) pursuant to an equitable or constructive lien; or

                     (d) pursuant to state or federal law.

          C. A claimant shall mail within ten days by registered or certified mail, return receipt requested, a copy of the lien claim acknowledged by the county clerk and subject to the claimant's sworn statement to:

                (1) the owner or reputed owner; and

                (2) the original contractor, if any."

     Section 2. Section 48-2-10 NMSA 1978 (being Laws 1880, Chapter 16, Section 9, as amended) is amended to read:

     "48-2-10. LIMITATION OF ACTION TO ENFORCE.--No lien provided for in Sections 48-2-1 through 48-2-17 NMSA 1978 remains valid for a longer period than [two years] one year after the claim of lien has been filed unless proceedings have been commenced in a court of competent jurisdiction or in binding arbitration within that time to enforce the lien.  A contingent payment clause in a contract shall not be construed as a waiver of the right to file and enforce a mechanic's or materialman's lien pursuant to Sections 48-2-1 through 48-2-17 NMSA 1978."

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