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New Mexico law

Construction Defect Laws in New Mexico.

New Mexico construction defect claims are governed by the general 4-year statute of limitations for tort and contract (NMSA 1978 § 37-1-4) and a 10-year statute of repose from substantial completion (NMSA 1978 § 37-1-27). The Construction Industries Licensing Act (NMSA 1978 §§ 60-13-1 et seq.) regulates licensing of residential and commercial contractors. Mechanics' liens provide security for contractor payment. The Unfair Practices Act (UPA) may apply to residential construction disputes, providing treble damages.

Last verified: 2026-04-17

State law

Statute of Limitations

4 years; 10-year statute of reposeNMSA 1978 §§ 37-1-4, 37-1-27

4-year statute for tort and contract. 10-year statute of repose bars actions against design professionals, builders, or contractors more than 10 years after substantial completion.

State law

Key New Mexico Statutes

Construction Industries Licensing ActNMSA 1978 §§ 60-13-1 et seq.

Regulates licensing of residential and commercial contractors through the Construction Industries Division. Unlicensed contractors cannot enforce contracts and may face criminal liability.

Mechanics' LiensNMSA 1978 §§ 48-2-1 et seq.

Contractors, subcontractors, laborers, and suppliers may file liens against improved real property. Filing deadlines: 120 days from last furnishing generally; 90 days for general contractors.

Unfair Practices Act (Residential Context)NMSA 1978 §§ 57-12-1 et seq.

UPA may apply to residential construction disputes with consumers. Treble damages available.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Mexico.

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