Section 48-2A-5 - Stop notices; contentsA 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.