North Dakota Mechanics Lien
Deadlines & Filing Rules

Practitioner notes for North Dakota

North Dakota construction liens are governed by Chapter 35-27 of the Century Code. No preliminary notice is required at the start of a job. Before recording a lien, the claimant must send the owner written notice that a lien will be claimed, by certified mail, at least 10 days before recording (N.D.C.C. 35-27-02). The statute places this sentence in the part of the section about claimants hired through a contractor or subcontractor, but sending it in every case is the safer course; confirm with counsel if you contracted directly with the owner. The lien is recorded with the county recorder where the property sits, within 90 days after the claimant's work or materials are complete (35-27-13). It must state the amount due, the dates of first and last contribution, and who hired the claimant. A late lien is not void, but it loses to good-faith buyers and lenders whose rights arise first and to payments the owner already made, and no lien may be filed more than 3 years after first furnishing (35-27-14). Before suing, the claimant must give the owner written notice of intent to enforce at least 10 days ahead by personal service or 20 days ahead by registered mail (35-27-24). Suit must be started and a lis pendens recorded within 3 years after the lien is recorded. If the owner delivers and records a written demand, the claimant has only 30 days (35-27-25). A claimant who knowingly demands more than is due loses the lien (35-27-16). An owner who successfully contests a lien's validity or accuracy in district court must be awarded costs and reasonable attorney fees (35-27-24.1).

These notes summarize the statute as we read it.