North Dakota Mechanics Lien
Deadlines & Filing Rules

Every notice, deadline, and recording requirement for a North Dakota construction lien, drawn from N.D.C.C. §§ 35-27-02, 35-27-13, 35-27-24, 35-27-24.1, 35-27-25 and the same rule engine that calculates deadlines for our filing customers.

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North Dakota lien rules at a glance

Preliminary notice: Not required to preserve lien rights
Lien filing deadline: within 90 days after last furnishing labor or materials
Notarization: Not required; No sworn statement or verification is required
Where to record: County recorder where the property sits
E-recording: Not generally available; plan on paper recording
Enforcement deadline: Within 3 years after the lien is recorded

Who can file a mechanics lien in North Dakota

Lien rights depend on where you sit in the contracting chain. Tenant-ordered work can reach the owner's interest in North Dakota only where the owner consented to or required the improvements.

Claimant	Lien rights in North Dakota
General contractor (direct contract with the owner)	Yes
Subcontractor (hired by the general contractor)	Yes
Sub-subcontractor (hired by a subcontractor)	Yes
Material supplier to the owner	Yes
Material supplier to the general contractor	Yes
Material supplier to a subcontractor	Yes

North Dakota mechanics lien deadlines

Not required to preserve lien rights. North Dakota requires a notice of intent to lien before the lien itself is recorded, served at least 10 days ahead of filing.

Notice of intent to lien

The final warning before a lien is recorded.

Who	Project type	Deadline
All claimants	All projects	At least 10 days before filing the lien

Mechanics lien filing deadline

The last day the lien can be recorded against the property.

Who	Project type	Deadline
All claimants	All projects	Within 90 days after last furnishing labor or materials

Recording and enforcing a North Dakota lien

Recording the lien

Record with the county recorder where the property sits. Electronic recording is not generally available, so build mailing time into the deadline. No notary is required on the lien itself. No sworn statement or verification is required.

After recording

North Dakota does not require a separate notice after the lien is recorded, though most claimants send one anyway to prompt payment. To keep the lien alive it must be enforced by lawsuit within 3 years after the lien is recorded.

Wrongful lien exposure

In North Dakota, a wrongful lien claimant can be ordered to pay the owner's attorney fees and costs. N.D.C.C. §35-27-24.1: owner awarded full costs and reasonable attorney fees if owner successfully contests lien validity/accuracy.

Practitioner notes for North Dakota

Pre-lien notice: send owner certified-mail notice at least 10 days before recording the lien (N.D.C.C. §35-27-02). Record lien within 90 days after contribution is done; lien statement includes first/last contribution dates; absolute cap: not more than 3 years after first material is furnished (N.D.C.C. §35-27-13). Pre-suit enforcement notice: 10 days (personal) or 20 days (registered mail) before suit (N.D.C.C. §35-27-24). Owner demand can accelerate: suit + lis pendens within 30 days or lien forfeited; also suit+lis pendens must occur within 3 years after lien recording (N.D.C.C. §35-27-25). Tenant work: no lien unless owner has notice and fails to object (N.D.C.C. §35-27-07(3)).

Statutory sources: N.D.C.C. §§ 35-27-02, 35-27-13, 35-27-24, 35-27-24.1, 35-27-25. Read the North Dakota lien statute.

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We calculate the North Dakota deadlines from your project dates, prepare the lien on the correct form, and handle recording. Self-serve from $99, or full service with recording and notices handled for you from $299.

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North Dakota mechanics lien FAQ

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

The North Dakota lien must be recorded within 90 days after last furnishing labor or materials. The same deadline applies to every claimant.

Do I need to send a preliminary notice in North Dakota?

No. North Dakota does not require a preliminary notice to preserve lien rights, although sending one is still an effective way to get paid before a lien becomes necessary.

Does a North Dakota mechanics lien need to be notarized?

No. North Dakota does not require a notary on the lien itself. No sworn statement or verification is required.

Where is a mechanics lien filed in North Dakota?

With the county recorder where the property sits. Paper filing is the norm, so allow time for mailing and the recorder's processing queue when working back from your deadline.

How long is a North Dakota mechanics lien valid?

A North Dakota lien must be enforced through a foreclosure lawsuit within 3 years after the lien is recorded. If no suit is filed by then, the lien expires and can no longer be used to force payment.

Is a notice of intent to lien required in North Dakota?

North Dakota requires a notice of intent to lien before the lien itself is recorded, served at least 10 days ahead of filing.

Can a subcontractor file a mechanics lien in North Dakota?

Yes. Subcontractors have lien rights in North Dakota, and so do sub-subcontractors.

More North Dakota lien tools

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This page summarizes North Dakota lien law for general information and is not legal advice. Deadlines depend on your role, project type, and dates; confirm them against the statute or with counsel before relying on them.

North Dakota Mechanics Lien Deadlines & Filing Rules