# New Mexico — Construction prompt payment act deadlines by US state — owner-to-contractor and contractor-to-subcontractor payment windows, retention release deadlines, and late-payment interest rates

For New Mexico, owner-to-gc payment deadline (days) is 21; gc-to-sub flow-down deadline (days) is 7; late-payment interest rate is 1.5% per month; project types covered is both; attorney fees recoverable is discretionary, verified against its source on 2026-08-15.

- **State:** New Mexico _(verified: appears in the quote below)_
- **Owner-to-GC payment deadline (days):** 21 _(verified: appears in the quote below)_
- **GC-to-sub flow-down deadline (days):** 7 _(verified: appears in the quote below)_
- **Late-payment interest rate:** 1.5% per month _(verified: appears in the quote below)_
- **Project types covered:** both _(verified: appears in the quote below)_
- **Attorney fees recoverable:** discretionary _(verified: appears in the quote below)_
- **Statutory citation:** N.M. Stat. §§ 57-28-1 – 57-28-11 _(verified: appears in the quote below)_

## What the source says

> 21 DAYS Prime Contractors For Prime (General) Contractors, progress payments due within 21 days of invoice. Final payment due within 10 days of certification of project completion. 7 DAYS Subcontractors For Subcontractors, payment due within 7 days of payment received from above. 7 DAYS Suppliers For Suppliers, payment due within 7 days of payment received from above. 1.5% / MONTH Interest & Fees Interest at 1.5% month. Court *may* award attorneys' fees. <https://www.levelset.com/blog/prompt-pay-overview-and-limitations/> Prompt Pay: Overview and Limitations <https://www.levelset.com/blog/how-to-make-a-claim-under-prompt-payment-laws/> How To Make A Claim Under Prompt Payment Laws <https://www.levelset.com/blog/know-your-states-prompt-payment-act/> Know Your States Prompt Payment Act To Speed Up Construction Payments Choose Different State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington DC Washington West Virginia Wisconsin Wyoming Choose Different New Mexico Topic Preliminary Notice Mechanics Lien Bond Claim Lien Waiver Prompt Payment Retainage Skip down to FAQs Prompt payment laws are a set of rules that regulate the acceptable amount of time in which payments must be made to contractors and subs. This is to ensure that everyone on a construction project is paid in a timely fashion. These statutes provide a framework for the timing of payments to ensure cash flow and working capital. Projects Covered by Prompt Payment in New Mexico The state of New Mexico’s prompt payment provisions cover both private and public projects.

## Source

- https://www.levelset.com/prompt-payment/new-mexico-prompt-payment-faqs/

Last verified: 2026-08-15. Review by: 2027-08-15.
Part of [Construction prompt payment act deadlines by US state — owner-to-contractor and contractor-to-subcontractor payment windows, retention release deadlines, and late-payment interest rates](https://referencesource.org/construction-prompt-payment-deadlines-by-state/).