Mechanics liens

North Dakota mechanics lien law and deadlines

In North Dakota you send the owner written notice by certified mail at least 10 days before recording, record the lien with the county recorder within 90 days after your work is done, and start suit within three years of recording.

An office manager and contractor review invoices with a calculator and laptop in a construction office.
Review invoices, committed costs, and cash timing together before making project decisions. AI-generated illustration.

North Dakota calls its mechanics lien a construction lien, and the rules are in North Dakota Century Code chapter 35-27. The core sequence is short: give the owner written notice by certified mail at least 10 days before you record, record the lien with the county recorder within 90 days after all of your work is done, and start a foreclosure suit with a lis pendens within three years of recording. An owner can shorten that last window to 30 days with a written demand.

North Dakota construction lien deadlines at a glance
StepDeadline or ruleN.D.C.C. section
Preliminary notice at job startNot required; the separate notice-of-intention section was repealed in 200935-27-05
Notice of intent to lienWritten notice to the owner by certified mail at least 10 days before recording35-27-02(4)
Record the lienWith the county recorder within 90 days after your contribution is done35-27-13
Late recordingStill valid against the owner in part, but never more than 3 years after first furnishing35-27-14
Notice before suit10 days by personal service or 20 days by registered mail before filing35-27-24
EnforcementSuit plus lis pendens within 3 years of recording, or within 30 days after an owner's written demand35-27-25
Public projectsNo lien; contractor's bond on public improvements over $250,00048-01.2-10

Who has lien rights in North Dakota

Under 35-27-02, anyone who improves real estate under a contract with the owner, or with the owner's agent, trustee, contractor, or subcontractor, has a lien on the improvement and the land. The definition of "improve" in 35-27-01 is wide. It covers building, altering, repairing, and demolishing; excavation and landscaping; laying pipes, wires, curbs, gutters, paving, and sidewalks; and architectural services, construction staking, engineering, land surveying, mapping, and soil testing. A "subcontractor" is anyone without a direct contract with the owner, including someone hired by another sub, so there is no tier cutoff.

The lien amount is limited. Under 35-27-02(2), it is capped at the difference between what the owner has paid and the price or value of your contribution, and if the owner has paid in full, no lien is allowed. That makes speed matter. A plumbing sub owed $28,000 on a $400,000 shop building loses ground every time the owner pays the GC.

Two more limits. Mixing charges for materials used on different owners' properties in one account defeats the lien under 35-27-10. And if a tenant orders the work, 35-27-07 allows no lien on the owner's interest unless the owner knew or should have known about the work and did not object.

Notices: before recording and before suit

North Dakota repealed its old notice-of-intention section (35-27-05) in 2009, so there is no start-of-job preliminary notice. What remains is a pre-lien notice. Section 35-27-02(4) requires written notice that a lien will be claimed, sent to the legal or equitable owner by certified mail at least 10 days before the lien is recorded. If you are near day 90, that notice needs to go out by about day 80.

There is a second notice before enforcement. Under 35-27-24, you must notify the owner of your intent to enforce at least 10 days before filing suit if served personally, or at least 20 days before if sent by registered mail to the owner's last-known address. Suit goes in district court in the county where the property is located.

Recording and enforcing the lien

Under 35-27-13, you record with the county recorder within 90 days after all of your contribution is done. The lien describes the property, states the amount due, gives the dates of first and last contribution, and names the person you contracted with. Recording late is not fatal against everyone: 35-27-14 says a late lien still binds the owner except to the extent the owner paid the contractor before recording, but it loses to good-faith buyers and lenders whose rights came first, and no lien can be filed more than three years after the first item of material was furnished.

The enforcement clock in 35-27-25 is three years from recording, and the suit must be paired with a recorded lis pendens. An owner who wants the cloud gone can deliver a written demand to you and file it with the county recorder; you then have 30 days to sue and record a lis pendens or the lien is forfeited, with no extra time for the delivery method. Under 35-27-24.1, an owner who successfully contests a lien's validity or accuracy in district court must be awarded costs and reasonable attorney's fees, so overstated liens are expensive.

Lien waivers and residential work

Chapter 35-27 does not prescribe a statutory lien waiver form. It does give waivers teeth: under 35-27-02(3), if the owner holds a valid waiver signed by the person who improved the property, no lien is allowed. Treat every waiver as final for the amount and period it names, and use conditional language until the money is actually in your account. The chapter does not set separate residential deadlines; the 10-day notice, 90-day recording, and three-year enforcement rules apply to homes and commercial work alike.

Public projects use payment bonds instead

Public property cannot be liened. Under N.D.C.C. 48-01.2-10, a governing body contracting for a public improvement over $250,000 must take a bond from the contractor for at least the contract price, conditioned on paying all claims for labor, supplies, and materials, including subcontractor demands. That bond plays the role of a payment bond, and claims not paid within 90 days carry interest. Related rules are in North Dakota prevailing wage and North Dakota prompt payment rules.

Frequently asked questions

How long do I have to file a construction lien in North Dakota?

Record it with the county recorder within 90 days after all of your work or materials are done. A late lien can still bind the owner in part, but no lien can be filed more than three years after the first item was furnished.

Does North Dakota require a preliminary notice?

There is no start-of-job notice. You must send the owner written notice by certified mail at least 10 days before recording the lien.

How long does a North Dakota lien last?

You must start suit and record a lis pendens within three years of recording, or within 30 days after the owner delivers and files a written demand to sue.

Can engineers and surveyors file a lien in North Dakota?

Yes. The statute's definition of improve includes architectural services, engineering, land surveying, construction staking, mapping, and soil testing.

Can I lien a North Dakota public project?

No. Public improvements over $250,000 require a contractor's bond that covers labor, supplies, and materials, and you claim against that bond.

Sources

  1. North Dakota Legislative Branch: N.D.C.C. chapter 35-27, Construction Lien
  2. North Dakota Legislative Branch: N.D.C.C. chapter 48-01.2, Public Improvement Bids and Contracts

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

Get a free assessment