This Original Contractor's Notice to Subcontractor or Materialman form is for use by an individual original contractor who is proposing to contract with a subcontractor or materialman or both for improvement to a residential site to provide notice of 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, if available, or a description of the residential site sufficient for identification.
New Mexico Original Contractor's Notice to Subcontractor or Materialman - Individual
Category:
State:
New Mexico
Control #:
NM-14-09
Format:
Word;
Rich Text
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Description
How to fill out New Mexico Original Contractor's Notice To Subcontractor Or Materialman - Individual?
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FAQ
A subcontractor or material supplier has 20 days after beginning work or delivering materials to serve you a Preliminary Notice. If the notice is late, the claimant loses lien rights for work done or materials delivered more than 20 days before the notice.
Specific information needs to be included in your notice. California preliminary notices must contain, at a minimum, the following information and text: Name and address of the owner or reputed owner. Name and address of the director contractor. Name and address of the construction lender, if any.
Preliminary notices are part of the construction payment process. Construction project participants send preliminary notices sometimes called pre lien notices or notices to owner in the early stages of a project to notify other parties of their involvement.
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.
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.
Nonetheless, you can still file a California mechanics lien. If you needed to send a preliminary notice but didn't, and then file a mechanics lien anyway, the prime contractor, general contractor, or property owner may challenge the claim in 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.
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.
A 20-Day Preliminary Notice, also known simply as a Preliminary Notice, is filed with the Orange County Clerk-Recorder Department by a subcontractor or material supplier to inform a property owner, direct contractor, project lender or other interested party that they are working on a project and have a right to file a
