New Mexico Payment Bond Claim — The 90-Day Remote-Claimant Notice, the 90-Day Waiting Period and the One-Year Clock From Final Settlement (NMSA § 13-4-19, 2026)
✓ Verified against New Mexico statutes · Reviewed October 2026 · By Michael Evan — Founder · 50 states · 799 rules
New Mexico mechanics lien deadlines at a glance
Preliminary Notice
60 days — Sub notice
Mechanics Lien
120 days — From completion
Enforcement
2 years — From filing
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Why New Mexico Public Work Runs on a Bond, Not a Lien
On a private New Mexico job, an unpaid sub or supplier records a claim of lien with the county clerk within 90 days after completion of the improvement, and an original contractor within 120 days after completion of its contract, under NMSA § 48-2-6. On residential work, the notice covered in the New Mexico preliminary notice guide comes first. A University of New Mexico building in Albuquerque, a Santa Fe public school, a Las Cruces water project or a New Mexico Department of Transportation interchange is different. Public property cannot be sold to pay a contractor’s debts, so the protection is the payment bond the agency required before the contract was signed. New Mexico’s Little Miller Act is NMSA 1978 §§ 13-4-18 through 13-4-20 . It closely follows the older federal Miller Act. Remote claimants give a 90-day notice to the prime, everyone waits 90 days before suing, and the suit is styled in the government’s name. The big departure is the suit clock. It runs one year from final settlement of the contract , not from the claimant’s last furnishing. The Mechanics Lien Management Method treats a New Mexico public job as a two-calendar file . The notice clock is yours: it runs from your own last delivery. The suit clock belongs to the owner: it runs from the agency’s closeout. Track both from day one.
The Bond: 100% of the Contract Price Over $25,000
NMSA § 13-4-18(A) applies when a state agency or local public body awards a construction contract in excess of $25,000 . The contractor must deliver a performance bond and a payment bond , which become binding when the contract is executed. The payment bond must be satisfactory to the agency and written by a surety authorized to do business in New Mexico. The surety must be listed in federal Treasury Circular 570 or approved by the state board of finance or the local governing authority. The bond is in an amount equal to 100% of the contract price , for the protection of everyone supplying labor and material to the contractor or its subcontractors. Two adjustments matter in practice. Before solicitation, the state purchasing agent or a central purchasing office may cut the payment bond to not less than 50% of the contract price if that serves the agency, weighing the value and number of subcontracts and the contract value (§ 13-4-18(C)). For contracts of $25,000 or less, the agency may require bonds at its sole discretion (§ 13-4-18(E)). Ask the agency for a copy of the bond early. A reduced bond on a job with many subcontractors means claims may share a smaller pot. Under § 13-4-20, if the agency decides a surety is insolvent or insufficient, it can require a new or additional bond within ten days and stop the work until one is provided.
The 90-Day Notice: Only Remote Claimants, Only to the Contractor
Section 13-4-19(B) divides claimants into two groups. A sub or supplier with a contract directly with the bonded contractor owes no notice. A claimant with a direct contract with a subcontractor but no contract, express or implied, with the bonded contractor has a right of action on the bond only after giving written notice to the contractor . The notice is due within 90 days from the date the claimant performed the last of its labor or furnished the last of its materials . The official annotations to § 13-4-20 say New Mexico’s act reaches suppliers under any subcontract on a state construction project, third-tier suppliers included . The federal Miller Act stops at the second tier, so this coverage is broader. Remote claimants at every tier should send the notice. One clause needs a careful read. Section 13-4-19(B) says the sums justly due are determined according to the subcontract or other contract directly with the bonded contractor. In practice, a remote claimant should collect the first-tier subcontract terms early. That paperwork may shape what the surety argues is owed.
The 90-Day Wait, the State’s Name and the One-Year Suit Clock
Every claimant, first tier or remote, gets the right to sue once it has not been paid in full before 90 days have passed since its last labor or materials. It may then sue for the balance unpaid when suit is filed (§ 13-4-19(B)). Suit filed before that 90-day mark is premature. Under § 13-4-19(D), the suit is brought in the name of the State of New Mexico for the use of the claimant . It is filed in the district court of any judicial district where the contract was to be performed and executed, or where the claimant resides. It must be filed no later than one year after the date of final settlement of the contract . The statute defines final settlement as the date set by the obligee in the final closing and settlement of payment, if any, due the contractor. Under § 13-4-19(C), the claimant must notify the obligee named in the bond that the suit has begun, stating the amount claimed. No judgment may be entered within 30 days after that notice. The section’s attorney-fee language applies to the State’s own tax suits on the bond, so a claimant should not assume a statutory fee award. Check the subcontract and the bond form for a fee clause. Because final settlement can slide, a conservative plan is to sue well before the earliest plausible anniversary. If the date is unclear, take the file to a New Mexico construction attorney before the notice window closes.
Every New Mexico Public-Project Claim Deadline in One Table
The Mechanics Lien Management State System calendars the 90-day remote notice and the 90-day waiting period from the last-furnishing date you enter, and the one-year suit clock from the final settlement date. Private-work rules are on the New Mexico lien statutes page, and the calculator is on the New Mexico mechanics lien hub . The last row matters in New Mexico more than in most states. Federal prime contracts at Kirtland Air Force Base, White Sands Missile Range, Holloman and Cannon Air Force Bases, Sandia National Laboratories and Los Alamos National Laboratory run under the federal Miller Act. Its suit clock counts from the claimant’s own last furnishing, not from final settlement. A supplier serving both state and federal jobs needs two calculations.
Get the Bond, Send the Notice, Watch the Closeout
New Mexico Public Works Workflow Request the payment bond from the agency. If your customer is a subcontractor, send the 90-day notice to the prime by registered mail after your last delivery. Ask the agency in writing for the final settlement date. Sue in the State’s name after 90 days and within one year of final settlement, and notify the obligee when you file. Pair it with these resources: Because the claim may end in a lawsuit against the surety, connect early with a New Mexico construction attorney through the Mechanics Lien Management network, or request a formal attorney review of the claim file.
Your Notice Clock Starts at Your Last Delivery
The Mechanics Lien Management deadline calculator tracks the 90-day notice, the 90-day wait and the one-year suit clock on every New Mexico public job. Miss the deadline and you lose your claim rights entirely.
Frequently Asked Questions
What is the deadline for a New Mexico payment bond claim notice?
Ninety days from the date the claimant performed the last of its labor or furnished the last of its materials. Under NMSA 1978 § 13-4-19(B), a claimant with a direct contract with a subcontractor but no contract, express or implied, with the bonded contractor has a right of action on the payment bond only after giving the contractor written notice within that window, stating with substantial accuracy the amount claimed and the name of the party it supplied.
Who has to send the New Mexico 90-day bond notice?
Only remote claimants: those who contracted with a subcontractor and have no contractual relationship with the contractor that furnished the bond. A subcontractor or supplier hired directly by the prime contractor does not owe the notice, though it still must wait 90 days after its last furnishing before suing and must file suit within one year after final settlement.
How must the New Mexico bond notice be delivered?
By registered mail, postage prepaid, addressed to the contractor at any place it maintains an office or conducts business or at its residence, or in any manner authorized for service of summons in civil cases. NMSA § 13-4-19(B) names the contractor as the recipient. It does not require notice to the surety or the public owner, although copying both is good practice.
When is the deadline to sue on a New Mexico public works bond?
No later than one year after the date of final settlement of the contract. Under NMSA § 13-4-19(D), final settlement is the date set by the obligee (the public owner) in the final closing and settlement of payment, if any, due the contractor. The clock runs from the owner's closeout, not from the claimant's last delivery, so request the final settlement date in writing from the agency.
Which New Mexico public jobs require a payment bond?
Every construction contract awarded by a state agency or local public body in excess of $25,000. NMSA § 13-4-18(A) requires a payment bond equal to 100% of the contract price, from a surety authorized in New Mexico, for the protection of everyone supplying labor and material to the contractor or its subcontractors. The purchasing office may reduce the bond to not less than 50% before solicitation (§ 13-4-18(C)), and may require bonds on smaller contracts at its discretion (§ 13-4-18(E)).
Are third-tier suppliers covered by the New Mexico Little Miller Act?
The official annotations to NMSA § 13-4-20 state that New Mexico's Little Miller Act, §§ 13-4-18 to 13-4-20, applies to suppliers of materials under any subcontract on a state construction project, including third-tier suppliers. That is broader than the federal Miller Act, which stops at the second tier. A remote supplier should still give the 90-day notice to the contractor.
Where is a New Mexico bond suit filed, and in whose name?
In the name of the State of New Mexico for the use of the claimant, in the district court of any judicial district where the contract was to be performed or where the claimant resides (NMSA § 13-4-19(D)). The claimant must notify the obligee named in the bond that the suit has begun, stating the amount claimed, and no judgment may be entered for 30 days after that notice (§ 13-4-19(C)).