North Dakota Construction Lien FAQ

You must file a North Dakota construction lien within 90 days of your last furnishing of labor or materials.  

North Dakota does NOT require an early preliminary notice at the start of the project. However, you are required to send a notice of intent to lien in Norty Dakota .

The Notice of Intent to Lien is the North Dakota's only pre-lien notice, and it must be served 10 days before recording the lien. Anyone who does have a direct contract with the owner must send a North Dakota Notice of Intent to Lien. 

North Dakota grants mechanics lien rights to any party that contributes to the improvement of real property and is not paid. This includes general contractors, subcontractors, sub-subcontractors, material suppliers, equipment rental companies, laborers, and licensed design professionals such as architects, engineers, and surveyors. Lien rights apply to private construction projects. Public projects are protected through bond claims instead of mechanics liens.

If you miss the North Dakota construction lien deadline (90 days), you permanently lose your mechanics lien rights. North Dakota does not allow extensions or equitable exceptions.

North Dakota construction lien is recorded with the County Recorder in the county where the property is located.

You must file a foreclosure lawsuit within three years of recording the lien. But remember, before commencing foreclosure, you must send a written notice of the lienholder’s intention to enforce. The statute provides two timing/method options:

• Personal service on the owner at least 10 days before the enforcement action is commenced, or

• Registered mail to the owner’s last-known address at least 20 days before the action is commenced.

No. There is no minimum or maximum lien amount, but overstating the claim can invalidate the lien or create liability.

Yes. Multiple unpaid contractors or suppliers may file separate North Dakota Construction liens on the same property.

If the customer pays you the full amount owed after you have recorded a lien, you have a legal obligation to formally clear the lien from the property records.

You must prepare and file a North Dakota Discharge of Lien (or Release of Lien) with the same office where the original lien was recorded.