HOUSE BILL 859

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

INTRODUCED BY

Rhonda S. King

AN ACT

RELATING TO LIENS; REDUCING THE TIME A LIEN IS VALID WITHOUT THE FILING OF A CLAIM IN COURT.

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

     Section 1. 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] six months 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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