AGC supports the use of standardized lien-notice forms and release forms. The notice periods within the current statute must be simplified. AGC supports the assessment of a penalty for frivolous or invalid liens. The costs and inefficiencies in the current New Mexico Lien Laws must be eliminated.

Incorrect and frivolous liens filed on construction jobs cost thousands of dollars in legal fees to remove. Clearing these types of liens at the end of a job is a great waste of limited company resources for all stakeholders on a project--prime contractor, specialty contractor and supplier, would better serve the project if concurrent notice were served when work or materials are delivered to the site, rather than searching for records and support at the tail end of the job. The threat of an incorrect lien could be worked out before the end of the job.

There should be little opposition to these changes. Standardized forms would put all parties on alert that work or supplies were delivered and payment is expected.

These changes need to be in statute and start with public owner procurement within the state. If state procurement leads the way, then the rest of the industry will follow.

For more information,please contact John Horton of the Associated General Contractors-New Mexico Building Branch at 505-842-1462.

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