Every original contractor, within two hundred ten days after the performance of the last labor or the furnishing or hauling of the last item of material, tools, machinery, equipment or supplies, and every person, except the original contractor, claiming the benefits of the Oil and Gas Lien Act within one hundred eighty days after the performance of the last labor or the furnishing or hauling of the last item or material, tools, machinery, equipment or supplies shall file for record with the county clerk of the county in which the property upon which the lien is claimed or situated, a claim setting forth the name and residence of the claimant, the amount and the items claimed, the name of the person to whom the materials, tools, machinery, equipment or supplies were furnished or hauled or for whom the labor was performed, the name of the owner and a description of the property upon which the lien is claimed, verified by affidavit.
History: Laws 1931, ch. 11, § 4; 1941 Comp., § 69-404; 1953 Comp., § 65-5-4; Laws 1963, ch. 12, § 4; 1993, ch. 6, § 1.
The 1993 amendment, effective June 18, 1993, substituted "two hundred ten days" for "one hundred twenty days" and "one hundred eighty days" for "ninety days", and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gas and Oil § 139.
58 C.J.S. Mines and Minerals § 264.
Structure New Mexico Statutes
Article 4 - Liens on Wells and Pipelines
Section 70-4-2 - Labor, hauling and materials considered under continuous contract.
Section 70-4-3 - Liens of subcontractors.
Section 70-4-4 - Claim of lien; contents and filing.
Section 70-4-5 - Recording; index; fees.
Section 70-4-6 - Liability of owner limited to contract price.
Section 70-4-7 - Limitation of action to enforce.
Section 70-4-8 - Enforcement of lien.
Section 70-4-9 - Joinder of actions; attorney's fees; costs.
Section 70-4-10 - Definition of words "person" and "subcontractor".
Section 70-4-11 - Preference to laborers; no preference to first contractors.
Section 70-4-12 - Materials exempt from attachment.
Section 70-4-13 - Personal liability.