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 4 — Record the Lien With the County Recorder (90-Day Deadline)
The claimant must record the North Dakota mechancis lien statement with the county recorder where the property is located within 90 days after all contribution is done.
Recording is what places the lien in the public record and establishes your lien rights against the property (subject to priority rules). If you record late, the lien fails.
Step 5 — Serve the Recorded Lien (Best Practice)
Best practice is to send the owner a copy of the recorded Norrth Dakota lien promptly after recording, with proof of delivery. Service must be completed in a way that provides verifiable proof of delivery. Acceptable methods include personal service or certified mail, return receipt requested. Claimants should retain proof of service, as it may be required during enforcement.
Step 6 — Before You Sue, Serve a Notice of Intent to Enforce (Mandatory)
Before a lienholder may enforce a lien (foreclosure lawsuit), North Dakota requires 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.
This is separate from the 10-day pre-lien notice. This one is about notice before litigation.
Step 7 — Enforce the Lien (Foreclosure + Lis Pendens) — And Watch for a 30-Day Demand
A North Dakota lien is not valid/effective/enforceable unless the lienholder commences an action and records a lis pendens within 3 years after recording the lien.
Also, the owner can accelerate the timeline: if the owner delivers a statutory written demand (and files it with the recorder), you must commence the suit and record a lis pendens within 30 days after delivery of the demand, or the lien is forfeited.