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North Dakota Mechanics Lien

File a North Dakota construction lien to secure payment for construction work. Learn the 90-day recording deadline, the 10-day owner notice, and enforcement.

Introduction

In North Dakota a mechanics lien is called a construction lien. It is a legal claim recorded against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once recorded, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale. That security gives the lien its leverage, and North Dakota grants the right to it in Chapter 35-27. The lien only works if you meet its deadlines. There is no first-furnishing preliminary notice, but a subcontractor or supplier must mail the owner notice that a lien will be claimed, by certified mail, at least 10 days before recording. You record the construction lien within 90 days after all your work is done. To enforce it you must start a lawsuit and record a lis pendens within three years of recording. DocDraft prepares a North Dakota construction lien and its notices from your project details, and attorney review is available before you record.

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Key Things to Know

  1. 1

    A North Dakota construction lien secures payment against the improved property. Any person who improves real estate by contributing labor, skill, or materials and was not paid can claim one under N.D.C.C. Chapter 35-27, whether a contractor, subcontractor, or supplier.

  2. 2

    There is no first-furnishing preliminary notice. North Dakota repealed its notice-of-intention step in 2009. A subcontractor or supplier must instead mail the owner written notice that a lien will be claimed, by certified mail, at least 10 days before recording, under N.D.C.C. 35-27-02(4).

  3. 3

    The recording deadline is 90 days from your last work. Under N.D.C.C. 35-27-13 you record the construction lien within 90 days after all your contribution is done. No lien may be recorded more than three years after the first item was furnished.

  4. 4

    Enforcement runs three years from recording. Under N.D.C.C. 35-27-25 the lien is unenforceable unless you commence an action and record a lis pendens within three years after the lien is recorded. An owner's recorded written demand can shorten that to 30 days.

  5. 5

    North Dakota applies the rules strictly. Missing the 10-day owner notice, the 90-day recording window, or the three-year enforcement period generally forfeits the lien, though a separate contract claim for the unpaid balance may remain.

  6. 6

    The lien must state required details. N.D.C.C. 35-27-13 calls for a description of the property, the amount due after just credits, the dates the first and last contributions were made, and the name of the party the claimant contracted with.

  7. 7

    Before you sue, a further notice is due. Under N.D.C.C. 35-27-24 the lienholder must give the owner notice of intent to enforce, by personal service at least 10 days or registered mail at least 20 days before starting the enforcement action.

Key decisions before you file

Before you file a Mechanics Lien in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.

Open the Mechanics Lien guide

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CONSTRUCTION LIEN (NORTH DAKOTA)

Recorded under N.D.C.C. Chapter 35-27. The undersigned claimant records this Construction Lien against the real property described below to secure payment for the labor, skill, or materials contributed to improve that property.

  1. CLAIMANT Name: [CLAIMANT NAME] Role: [CONTRACTOR / SUBCONTRACTOR / MATERIAL SUPPLIER / LABORER] Address: [CLAIMANT ADDRESS]

  2. OWNER Name of the legal or equitable owner of the real estate: [OWNER NAME] Address: [OWNER ADDRESS]

  3. PARTY THE CLAIMANT CONTRACTED WITH Name of the person with whom the claimant contracted or by whom the claimant was employed: [PERSON OR COMPANY THAT ORDERED THE WORK].

  4. CONTRIBUTION General description of the labor, skill, or materials contributed: [DESCRIPTION]. Date the first contribution was made: [FIRST DATE]. Date the last contribution was made: [LAST DATE].

  5. AMOUNT DUE The amount due to the claimant, after deducting all just credits and offsets, is: $[AMOUNT].

  6. PROPERTY Street address: [PROPERTY ADDRESS]. Legal description: [LEGAL DESCRIPTION]. County: [COUNTY].

  7. SIGNATURE Signed by the claimant or the claimant's authorized agent.

Signature: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE]

NOTICE THAT A LIEN WILL BE CLAIMED (subcontractors and suppliers)

Under N.D.C.C. 35-27-02(4), a subcontractor or supplier must give the owner written notice that a lien will be claimed, by certified mail, at least 10 days before recording the construction lien.

To (owner): [OWNER NAME AND ADDRESS] From (claimant): [CLAIMANT NAME AND ADDRESS] Property: [PROPERTY ADDRESS] Date notice mailed (certified): [DATE]

Note: This North Dakota construction lien follows N.D.C.C. Chapter 35-27, including the required contents of 35-27-13. Confirm the current statutory language, the certified-mail owner notice, and the 90-day recording and three-year enforcement deadlines, or have this reviewed by an attorney, before recording.

North Dakota Requirements for Mechanics Lien

North Dakota Filing Deadline and Office

File the North Dakota mechanics lien in the correct office, a county recorder or court as North Dakota requires, within the state's deadline after you last furnish labor or materials. North Dakota applies the deadline strictly, so filing late or in the wrong office can void the lien.

Frequently Asked Questions

In North Dakota a mechanics lien is called a construction lien. It is a claim a contractor, subcontractor, or supplier records against a property they improved but were not paid for. It attaches to the real estate, clouds the title so the owner cannot easily sell or refinance, and can be foreclosed through a court-ordered sale. N.D.C.C. Chapter 35-27 governs it.

Any person who improves real property by contributing labor, skill, or materials and was not paid can claim a construction lien under Chapter 35-27, including contractors, subcontractors, and suppliers. A subcontractor or supplier who did not contract with the owner has an extra step: mailing the owner a certified-mail notice before recording.

You record the construction lien within 90 days after all your contribution to the project is done, under N.D.C.C. 35-27-13. Separately, no construction lien may be recorded more than three years after the first item of labor or materials was furnished. The 90-day clock runs from your last day of work, so confirm that date first.

If you are a subcontractor or supplier, yes. Under N.D.C.C. 35-27-02(4) you must mail the owner written notice that a lien will be claimed, by certified mail, at least 10 days before you record the construction lien. North Dakota has no earlier first-furnishing preliminary notice, so this 10-day notice is the key pre-recording step.

You must commence an action and record a lis pendens within three years after the lien is recorded, under N.D.C.C. 35-27-25, or the lien becomes unenforceable. Be aware the owner can force your hand: a recorded written demand shortens the window to 30 days, after which the lien is forfeited if you have not sued.

Missing the 10-day owner notice, the 90-day recording window, or the three-year enforcement period generally means the lien is lost, because North Dakota applies these rules strictly. You may still sue the party who hired you for breach of contract to recover the unpaid amount, but you lose the security the lien gives against the property.

Chapter 35-27 contains no owner-occupied or homestead exemption from the construction lien or its notices, so the lien can reach a residence like any other property. The general homestead exemption in Chapter 47-18 does not defeat a construction lien. The same 10-day pre-recording notice and 90-day recording deadline apply on a home.

When the debt is paid, the lienholder should record a satisfaction of the construction lien to clear the title. A lien also becomes unenforceable if no action and lis pendens are filed within three years of recording, or within 30 days of the owner's recorded demand. An owner who disputes a lien can challenge it in court.