New Mexico Statutes

N.M. Stat. § 48-2-16 (2026)

[Personal action for recovery of debt not affected.]

✓ current as of May 2026

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Nothing contained in this article shall be construed to impair or affect the right of any person to whom any debt may be due for work done or materials furnished to maintain a personal action to recover such debt against the person liable therefor.

History: Laws 1880, ch. 16, § 16; C.L. 1884, § 1534; C.L. 1897, § 2231; Code 1915, § 3332; C.S. 1929, § 82-215; 1941 Comp., § 63-215; 1953 Comp., § 61-2-15.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Personal liability of owner to subcontractor. — When there is no contractual relation between subcontractors and the owner of the property, the latter will not be held personally liable to them for work and materials, the contractor having agreed to make payment. Allison v. Schuler, 1934-NMSC-072, 38 N.M. 506, 36 P.2d 519.

Where there is no contractual relation between owner and lienors, a personal judgment for the amount of the debt is unwarranted. Home Plumbing & Contracting Co. v. Pruitt, 1962-NMSC-075, 70 N.M. 182, 372 P.2d 378.

Claim in quantum meruit permitted. — A subcontractor who has lost his mechanic's lien claim against a property owner may have a claim in quantum meruit where the owner has not paid the general contractor. U.S. ex rel. Sunworks Div. of Sun Collector Corp. v. Ins. Co. of N. Am., 695 F.2d 455 (10th Cir. 1982).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mechanics' Liens §§ 338, 339, 340, 447.

56 C.J.S. Mechanics' Liens §§ 307 to 311.

Notes of Decisions

Cited in 3 cases, 1976–1999 · leading case: Hasse Contracting Co. v. KBK Fin., Inc., 980 P.2d 641 (N.M. 1999).

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Hasse Contracting Co. v. KBK Fin., Inc., 980 P.2d 641 (N.M. 1999). · cites it 2× “Cf NMSA 1978, § 48-2-16 (1953) (stating that statutory provision for materialmen’s lien does not preclude a personal action by a supplier for debt); United States ex rel.”

Couillard v. Bank of New Mexico, 548 P.2d 459 (N.M. Ct. App. 1976). “For assistance, we turn to the definition of branch bank set forth in § 48-2-16(B), N.M.S.A.1953 (Repl.Vol. 7).”

United States ex rel. Sunworks Div. of Sun Collector Corp. v. Ins. Co. of North Am., 695 F.2d 455 (10th Cir. 1982). “” N.M. Stat.Ann. § 48-2-16 (1978). Like the mechanic’s lien statutes, the Miller Act is not an exclusive remedy, see United States ex rel.”

— N.M. Stat. § 48-2-16(B) — 1 case

Couillard v. Bank of New Mexico, 548 P.2d 459 (N.M. Ct. App. 1976). “For assistance, we turn to the definition of branch bank set forth in § 48-2-16(B), N.M.S.A.1953 (Repl.Vol. 7).”

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