North Dakota Lien Waivers Guide and FAQs

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North Dakota Lien Waiver FAQs

North Dakota Lien Waiver Overview

North Dakota Lien Waiver Rules


  • Rules At A Glance
  • Top Links
lien waivers not regulated
No Specific Form

North Dakota does not require any specific lien waiver form. Any form may be used.


lien waivers do not need to be notarized
Notarization Not Required

North Dakota lien waivers are not required to be notarized.


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Can Waive Rights in Contract

There is no specific prohibition on waiving future lien rights through contract, in North Dakota.


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Can Waive Rights Before Payment

North Dakota does not prohibit waiving lien rights prior to payment.

North Dakota lien waivers can be very tricky.

Lien waivers are not heavily regulated in North Dakota, both with respect to form and language, or to timing. North Dakota statutes and case law seems to suggest that lien waivers (also sometimes called lien releases or releases) are treated just like any other contract.

This means that in North Dakota, construction participants ought to look very closely at what is being agreed upon in any contract and lien waiver document. Since lien rights appear to be able to be waived before work even begins, it is crucial to examine contracts for “no-lien” clauses. And, when waiving lien rights after work has been performed, or pursuant to payment, it’s worth making sure that there is not language hiding in the document that waives more than intended.

As such, good, clean, standard, and clear lien waiver forms and language is best practice for construction participants in North Dakota.

Below are some frequently asked questions about the lien waiver laws and requirements in North Dakota.

North Dakota Lien Waivers FAQs

North Dakota lien waivers are exchanged by job participants all the time - both around the time of payment, and sometimes by contract. In North Dakota, lien waivers are not regulated. This means that there are no specific laws setting forth the forms and rules of exchanging these documents. North Dakota lien waivers are a lot like miniature contracts exchanged by parties. And like regular contracts, they can have significant impact on legal rights. Some states really restrict what can and cannot be done with lien waivers, but North Dakota is not one of them. Accordingly, construction job participants must be very careful when preparing, signing, requesting, exchanging, and otherwise handling lien waivers - or contracts that may include lien-waiver language.

North Dakota Lien Waiver FAQs

Does North Dakota require a specific statutory lien waiver form?

No, North Dakota does not have or require statutory forms for lien waivers.

What are the requirements for an North Dakota lien waiver? What makes a lien waiver binding?

There is no specific statutory provision controlling lien waivers in North Dakota.

Are Unconditional Lien Waivers Prohibited in North Dakota?

There is no case law or statutes that prohibit unconditional lien waivers.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in North Dakota?

North Dakota construction lien law is silent regarding advance lien waivers. However, other statutory law and case law seems to suggest that a lien waiver is allowed prior to furnishing labor or materials, and at any time thereafter.

Must North Dakota lien waivers be notarized?

No. Lien waivers in North Dakota are not required to be notarized.

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Free North Dakota Lien Waivers Forms & Templates

North Dakota does not have specific forms that must be used to waive lien rights in North Dakota construction projects. Since there is little regulation of lien waiver forms, they can say pretty much anything. These forms were drafted by construction attorneys to be safe, easy, stress-free, and fair for everyone involved. And they can be used on any North Dakota job.

The forms provided here for free by Levelset are easy, clear, and fair. You can download them free, or use our free system to send or request your North Dakota lien waiver form.

Free North Dakota Lien Waiver Forms

These North Dakota lien waiver forms are clear and fair. Make it easy, and use forms from the source you can trust.

North Dakota Final Conditional Lien Waiver Form - free from

North Dakota Final Conditional Lien Waiver Form

This nd final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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North Dakota Final Unconditional Lien Waiver Form - free from

North Dakota Final Unconditional Lien Waiver Form

This nd final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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North Dakota Partial Conditional Lien Waiver Form - free from

North Dakota Partial Conditional Lien Waiver Form

This nd partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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North Dakota Partial Unconditional Lien Waiver Form - free from

North Dakota Partial Unconditional Lien Waiver Form

This nd partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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