NM STATENew Mexico Supreme Court
1992

Roth v. Thompson

825 P.2d 1241New Mexico Supreme Court • Decided 1992Enforced
FLAGSHIPLien RightsCited 231 times

HOLDING

Roth, an unlicensed plastering contractor, performed work on a residence in 1988 but didn't obtain his license until after the work was completed. He filed a mechanic's lien but the court ruled against him. The New Mexico Supreme Court held that a contractor must be properly licensed at the time work is performed to file a valid mechanic's lien. This means unlicensed work—even if you get licensed later—cannot be protected by a lien.

KEY FINDINGS

Lien Rights

Get your license BEFORE starting any work. The law requires you to be licensed when you perform the work, not when you file the lien.

FULL COURT OPINION