Step 1 — Confirm Your Last Date of Furnishing (This Controls Everything)
Start by identifying your true last date of furnishing to the project, because North Dakota’s lien recording deadline is measured from the date your “contribution is done.” That date is what you will use to calendar the 90-day lien filing deadline.
Step 2 — Serve the Notice of Intent to Lien (Mandatory for All Claimants)
Before you record a North Dakota construction lien, you must give the property owner written notice that a lien will be claimed, and that notice must be sent by certified mail at least 10 days before recording the lien.
This is not a “nice-to-have” notice. It is the state’s statutory warning step, designed to give the owner a final chance to resolve payment before a lien is placed on title. Practically, because the lien must still be recorded within 90 days of last furnishing, this means you should ensure the owner receives the 10-day notice early enough so you still have time to record on schedule.
Step 3 — Prepare the North Dakota Construction Lien Statement
North Dakota requires the recorded lien statement to include the property description, the amount due, the dates of the first and last contribution, and the person with whom the claimant contracted.
A valid North Dakota mechanics lien must include:
The legal name of the lien claimant and their address
The name of the property owner (legal or equitable owner)
The name of the person or entity who hired the claimant
A legal description of the property sufficient to identify it (street address alone is risky)
The first and last dates of contribution (when labor, materials, or services began and ended)
A description of the labor, materials, equipment, or professional services provided
The total amount claimed as due and unpaid, after all credits and payments
A verification or sworn statement signed by the claimant or authorized agent
Step 3 — Prepare the North Dakota Construction Lien Statement
North Dakota requires the recorded lien statement to include the property description, the amount due, the dates of the first and last contribution, and the person with whom the claimant contracted.
A valid North Dakota mechanics lien must include:
The legal name of the lien claimant and their address
The name of the property owner (legal or equitable owner)
The name of the person or entity who hired the claimant
A legal description of the property sufficient to identify it (street address alone is risky)
The first and last dates of contribution (when labor, materials, or services began and ended)
A description of the labor, materials, equipment, or professional services provided
The total amount claimed as due and unpaid, after all credits and payments
A verification or sworn statement signed by the claimant or authorized agent