New Mexico Statutes
N.M. Stat. § 48-2-10.1 (2026)
Repealed
✓ laws through the 2025 session (retrieved May 2026)
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ANNOTATIONS
Repeals. — Laws 1989, ch. 301, § 13 repealed 48-2-10.1 NMSA 1978, as enacted by Laws 1981, ch. 352, § 1, relating to discharge of liens, effective June 16, 1989. For present comparable provisions, see 48-2A-11 NMSA 1978.
Notes of Decisions
Cited in 8
cases, 1986–1996 · leading case: Sundance Mech. & Util. Corp. v. Atlas, 789 P.2d 1250 (N.M. 1990).
Sundance Mech. & Util. Corp. v. Atlas, 789 P.2d 1250 (N.M. 1990). “1 [1] as discharging a mechanic's or materialman's lien claimed upon a residence containing not more than four dwelling units when a claim of lien has not been filed prior to the owner's final payment to the general contractor and the owner has received no notice of the…”
Sundance Mech. & Util. Corp. v. Atlas, 880 P.2d 861 (N.M. 1994). “Plaintiff-Appellant, Sundance Mechanical & Utility Corporation (“Sundance”), appeals from the district court’s decision concluding that Defendants-Appellees, Marvin and Carole Atlas (the “Atlases”), were entitled to the benefit of NMSA 1978, Section 48-2-10.1(A) (Repl.Pamp.1987)…”
Sundance Mech. & Util. Corp. v. Armijo, 741 P.2d 1370 (N.M. 1987). “This appeal presents a single question: In a case where the original contractor gives no notice to the owner of a residence (containing not more than four dwelling units) regarding the right of subcontractors to file mechanics’ and materialmen’s liens, does NMSA 1978, Section…”
Aztec Wood Interiors, Inc. v. Andrade Homes, Inc., 716 P.2d 236 (N.M. 1986). “The trial court found that NMSA 1978, Section 48-2-10.1 (Cum.Supp.1985) was applicable and made the following conclusions: there was no duty on the property owner (Aleones) to give notice to the subcontractor (Aztec) that final payment was going to be made; the owner is entitled…”
Page & Wirtz Constr. Co. v. C & G Prestressed Concrete, Inc., 772 P.2d 1298 (N.M. 1989). “The gist of this appeal is whether subsection E of Section 48-2-10.1 precludes persons who provide labor or materials to an unlicensed original contractor from filing a materialmen’s lien against nonresidential property.”
C & D Plumbing, Inc. v. Armstrong, 740 P.2d 705 (N.M. 1987). “One Lien Claimant had recorded its lien on January 22, 1986, and the other on January 30, 1986.”
Pyburn v. Kirkpatrick, 741 P.2d 1368 (N.M. 1987). “In that case a lien-claimant had filed its claim (relying on NMSA 1978, Section 48-2-10.1 (Cum.Supp.1985)) before the Owners made final payment to the contractor (who likewise had abandoned the project and filed for bankruptcy), and the Owners in that case knew of the claim of…”
Wade v. Farnsworth, 917 P.2d 967 (N.M. Ct. App. 1996). “Prior to 1989, there was a statute in effect in this state that allowed an owner to prevent the attachment of material suppliers’ or subcontractors’ liens. This could be accomplished by payment of the entire contract amount to the general contractor, before the liens were filed.”
N.M. Stat. § 48-2-10.1(A): 4 cases
Sundance Mech. & Util. Corp. v. Atlas, 880 P.2d 861 (N.M. 1994). “Plaintiff-Appellant, Sundance Mechanical & Utility Corporation (“Sundance”), appeals from the district court’s decision concluding that Defendants-Appellees, Marvin and Carole Atlas (the “Atlases”), were entitled to the benefit of NMSA 1978, Section 48-2-10.1(A) (Repl.Pamp.1987)…”
Sundance Mech. & Util. Corp. v. Atlas, 789 P.2d 1250 (N.M. 1990). “1 [1] as discharging a mechanic's or materialman's lien claimed upon a residence containing not more than four dwelling units when a claim of lien has not been filed prior to the owner's final payment to the general contractor and the owner has received no notice of the…”
Sundance Mech. & Util. Corp. v. Armijo, 741 P.2d 1370 (N.M. 1987). “This appeal presents a single question: In a case where the original contractor gives no notice to the owner of a residence (containing not more than four dwelling units) regarding the right of subcontractors to file mechanics’ and materialmen’s liens, does NMSA 1978, Section…”
Pyburn v. Kirkpatrick, 741 P.2d 1368 (N.M. 1987). “In that case a lien-claimant had filed its claim (relying on NMSA 1978, Section 48-2-10.1 (Cum.Supp.1985)) before the Owners made final payment to the contractor (who likewise had abandoned the project and filed for bankruptcy), and the Owners in that case knew of the claim of…”
N.M. Stat. § 48-2-10.1(B): 3 cases
Sundance Mech. & Util. Corp. v. Atlas, 789 P.2d 1250 (N.M. 1990). “1 [1] as discharging a mechanic's or materialman's lien claimed upon a residence containing not more than four dwelling units when a claim of lien has not been filed prior to the owner's final payment to the general contractor and the owner has received no notice of the…”
Sundance Mech. & Util. Corp. v. Armijo, 741 P.2d 1370 (N.M. 1987). “This appeal presents a single question: In a case where the original contractor gives no notice to the owner of a residence (containing not more than four dwelling units) regarding the right of subcontractors to file mechanics’ and materialmen’s liens, does NMSA 1978, Section…”
Pyburn v. Kirkpatrick, 741 P.2d 1368 (N.M. 1987). “In that case a lien-claimant had filed its claim (relying on NMSA 1978, Section 48-2-10.1 (Cum.Supp.1985)) before the Owners made final payment to the contractor (who likewise had abandoned the project and filed for bankruptcy), and the Owners in that case knew of the claim of…”
N.M. Stat. § 48-2-10.1(E): 1 case
Page & Wirtz Constr. Co. v. C & G Prestressed Concrete, Inc., 772 P.2d 1298 (N.M. 1989). “The gist of this appeal is whether subsection E of Section 48-2-10.1 precludes persons who provide labor or materials to an unlicensed original contractor from filing a materialmen’s lien against nonresidential property.”
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