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North Dakota
Lien Waiver Forms

North Dakota lien waivers: no prescribed form and no anti-waiver statute

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State Rules

How North Dakota treats lien waivers

North Dakota does not prescribe a statutory lien waiver form: the construction lien chapter (N.D.C.C. ch. 35-27) says nothing about waiver form, content, or timing, so our general-purpose conditional and unconditional progress and final waivers apply. Because North Dakota also has no anti-waiver statute, a clear signed waiver is enforceable as written, even one signed before work begins. That makes conditional waivers, effective only when payment is actually received, the prudent default for claimants.

North Dakota lien waiver forms we generate

Four house forms cover every payment on a North Dakota project: conditional or unconditional, progress or final.

Conditional Progress

Conditional Waiver and Release of Lien: Progress Payment

Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.

Unconditional Progress

Unconditional Waiver and Release of Lien: Progress Payment

Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.

Conditional Final

Conditional Waiver and Release of Lien: Final Payment

Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.

Unconditional Final

Unconditional Waiver and Release of Lien: Final Payment

Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.

North Dakota has no statutory waiver form to download blank. The generator above fills in a general-purpose form with North Dakota's signing rules built in instead.

Signing a lien waiver in North Dakota

Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in North Dakota, built into every waiver we generate.

North Dakota execution rules

  • ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
  • ✓ Notarization: not required in North Dakota.
  • ✓ Witness: not required in North Dakota.
  • ✓ E-signature: available. Send North Dakota waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.

North Dakota lien waiver questions

Which lien waiver forms does North Dakota use?
North Dakota does not prescribe a statutory lien waiver form, so the format is up to the parties. Our generator uses four general-purpose forms: conditional and unconditional waivers for progress and final payments.
Do North Dakota lien waivers need to be notarized?
No. North Dakota does not require lien waivers to be notarized.
What is the difference between a conditional and an unconditional lien waiver in North Dakota?
A conditional waiver takes effect only once the payment it describes actually arrives; if the check bounces or never comes, your lien rights survive. An unconditional waiver gives up lien rights as soon as it is signed, whether or not you are ever paid, so sign one only after the money is in hand.
What is the difference between a progress and a final lien waiver in North Dakota?
A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project.

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