North Dakota mechanics lienNotice of intent to claim a lien and deadlines

How many days do you have to file a mechanics lien in North Dakota?

Record the lien with the county recorder where the property sits within ninety days after finishing your contribution. It must describe the property and state the amount due, the first and last dates of work or supply, and who you contracted with. A late filing is still good against the owner, but not against good-faith buyers or lenders who acquired rights before filing, and not for amounts the owner already paid the contractor. No lien may be filed more than three years after the first material was furnished.¹ NDCC 35-27-13; 35-27-14

When is the North Dakota notice of intent to claim a lien due?

Anyone extending credit or contracting with the owner's contractor or subcontractor must give the owner written notice by certified mail that a lien will be claimed, at least ten days before recording the lien. Before suing to enforce, the lienholder must also give written notice of intent: personal service at least ten days before suit, or registered mail at least twenty days before.¹ NDCC 35-27-02(4); 35-27-24

How long is a mechanics lien good for in North Dakota?

A lien is not valid or enforceable unless the lienholder starts a suit and records a lis pendens within three years after recording the lien. If the owner delivers a written demand and files it with the county recorder, the lienholder has thirty days to file suit and record a lis pendens or the lien is forfeited.¹ NDCC 35-27-25

Who can file a mechanics lien in North Dakota?

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 lien is limited to the difference between what the owner has paid and the price or value of the contribution, and no lien is allowed if the claimant signed a valid waiver.¹ NDCC 35-27-02

Does a North Dakota lien claim have to be notarized?

The lien statute lists what the recorded lien must contain and does not require an oath or notary acknowledgment.¹ NDCC 35-27-13

What about public jobs in North Dakota?

For a public improvement costing more than $250,000, the governing body must take a bond for at least the contract price, which also secures payment of labor and material claims, and anyone with a lawful claim can sue on it. A claim is barred if suit is not filed within one year after the project is completed and accepted.² NDCC 48-01.2-10; 48-01.2-12

How do you file a mechanics lien in North Dakota?

1. Notice of intent to claim a lien: due 10 days before the last day to record the lien. NDCC 35-27-02(4); 35-27-24 Required of anyone working for the owner's contractor or subcontractor; certified mail to the owner.
2. Record the lien: due 90 days after you finish your work or supply. NDCC 35-27-13; 35-27-14 A late filing still holds against the owner, but not against good-faith buyers or lenders, or for what the owner already paid.
3. Sue to enforce: due 3 years after the lien is recorded. NDCC 35-27-25 After an owner's written demand, you have thirty days.

Each line restates the statute cited next to it. Check the statute text before you file.