• Contractual lien waivers are void but flow down provisions are enforceable in NM.
• The amendment from 2007 expressly stated that a contingent payment clause in a contract “shall not be construed as a waiver of the right to file and enforce” a lien.

Retainage Provisions

Public & Private Projects

• Retainage is prohibited for the majority of private and public construction contracts.
  N.M. STAT. ANN. § 57-28-5. The following retainage statutes have been repealed: §§ 13-4-27 to -30; 57-28-4, -6, -9, -10.  For road contracts, however, 5 percent may be retained. N.M. STAT. ANN. § 67-3-48.