2009 New Mexico Statutes
Chapter 48 - Liens and Mortgages.
Article 2A - Stop Notice Act
Section 48-2A-5 - Stop notices; contents.

48-2A-5. Stop notices; contents.

A stop notice shall not be effective unless:   

A.     it is signed and verified by the claimant or his agent, accompanied with a bond as provided for in Section 7 [48-2A-7 NMSA 1978] of the Stop Notice Act, is served pursuant to Section 6 [48-2A-6 NMSA 1978] of the Stop Notice Act and states in general terms all of the following:   

(1)     the name of the claimant;   

(2)     the date the claimant files the preliminary notice;   

(3)     the date the claimant presented his request for payment to the original contractors;   

(4)     the name of the owner and original contractor of the residential site;   

(5)     a description of the kind of labor or materials furnished, or agreed to be furnished, for the residential site;   

(6)     the name of the person who ordered the labor or who accepted the materials;   

(7)     the total cost of all the labor or materials to be furnished to the residential site;   

(8)     the cost of the labor furnished or materials already furnished;   

(9)     the balance of the money due; and   

(10)     a demand that the construction lender, if any, or the owner, if there is no construction lender, withhold a sufficient amount of money from the construction loan funds to satisfy the demand of the claimant;   

B.     a preliminary notice was given by the claimant, in accordance with Section 6 of the Stop Notice Act, within twenty days after the claimant first began to furnish work or materials to the residential site;   

C.     if the claimant does not deliver the preliminary notice within twenty days after the claimant first began to furnish work or material to the site improvement, he may still deliver a preliminary notice but he shall lose his stop notice rights for all work performed or materials furnished more than twenty days before the preliminary notice actually is given; and   

D.     it is delivered, pursuant to Section 6 of the Stop Notice Act, no earlier than twenty days or later than thirty days from the date the subcontractor or materialman presented his request for payment to the original contractor.