North Dakota Mechanics Lien Guide and FAQs

Last updated July 24, 2024

If contractors and suppliers don’t get paid on a construction project in North Dakota, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property. This page breaks down the rules, requirements, and deadlines you need to follow to file a North Dakota mechanics lien.

Quicklinks

North Dakota lien law FAQs

Best GCs in North Dakota

5 essential things to know about North Dakota mechanics liens

How to file a Mechanics Lien in North Dakota

North Dakota Mechanics Lien statutes

“Levelset takes something that is pretty complex and makes it easy.”

Ready to file a lien in North Dakota?

Not sure? Calculate your deadline for free.

North Dakota lien law deadlines for:

Prime Contractors
Subs/Laborers
Suppliers/Others

Preliminary notice deadlines

10 days

Notice of Intent to Lien required to be filed 10 days before filing lien.

Mechanics lien deadlines

90 days

Lien must be filed within 90 days from last delivery of labor or materials. Notice of Intent to Enforce must be sent 20 days before filing enforcement action.

Enforcement deadlines

3 years

In North Dakota, an action to enforce a mechanics lien must be initiated within 3 years from the date on which the lien was filed.

However, this deadline can be significantly shortened. If the property owner, or other interested party, serves a proper demand on the claimant, the deadline is shortened to 30 days from receipt of that written demand.

Preliminary notice deadlines

10 days

Notice of Intent to Lien required to be filed 10 days before filing lien.

Mechanics lien deadlines

90 days

Lien must be filed within 90 days from last delivery of labor or materials. Notice of Intent to Enforce must be sent 20 days before filing enforcement action.

Enforcement deadlines

3 years

In North Dakota, an action to enforce a mechanics lien must be initiated within 3 years from the date on which the lien was filed.

Preliminary notice deadlines

10 days

Notice of Intent to Lien required to be filed 10 days before filing lien.

Mechanics lien deadlines

90 days

Lien must be filed within 90 days from last delivery of labor or materials. Notice of Intent to Enforce must be sent 20 days before filing enforcement action.

Enforcement deadlines

3 years

In North Dakota, an action to enforce a mechanics lien must be initiated within 3 years from the date on which the lien was filed.

Topic
Select

State
select

Back
to top

North Dakota Mechanics Lien FAQs

Contractors, suppliers, property owners, construction lenders, and other vendors will encounter all kinds of lien-related paperwork and questions when working on North Dakota construction jobs. Here are some of the common issues you may encounter, and answers written by construction attorneys and payment experts.

Who can file a North Dakota mechanics lien?

In North Dakota, mechanics lien rights extend to contractors, subcontractors, and suppliers. North Dakota provides broad protection to parties working or providing materials to a construction project. Suppliers to suppliers are entitled to lien rights in North Dakota. Architects, surveyors, engineers, professional soil testers, mappers, and parties engaging in demolition or excavation are generally also protected by the ability to file mechanics liens.

Is a written contract required to file a mechanics lien in North Dakota?

No, there is no specific requirement that construction contracts be in writing in order to be able to file a Georgia mechanics lien. However, it’s always best practice to get your agreements in writing to avoid any confusion or complications.

Can an unlicensed contractor file a North Dakota mechanics lien?

No, if the work requires a license by the state of North Dakota and the claimant does not have a valid license, not only will they be unable to file a mechanics lien, they will also have no right to maintain any action for nonpayment related to their construction business.

• Learn how to get licensed: North Dakota Contractor Licensing Guide

When is the deadline to file a North Dakota mechanics lien?

In North Dakota, a lien claimant must file a mechanics lien within 90 days after the last date on which the lien claimant furnished labor or material to the project in order to receive full protection.

A lien may be filed later, but a belated lien will not be valid as to purchasers or encumbrances the rights of which accrue prior to the filing of the lien. It will also be invalid as to the owner of the property to the extent that the property owner has paid the general contractor prior to the filing of the lien.

In any event, even a late mechanics lien must be filed within 3 years from the first furnishing of labor or materials to the project. It is unclear, however, whether the three-year period starts to run from the first furnishing of labor or materials on the project as a whole, or the first furnishing of labor or materials by the potential lien claimant.

It may be best practice, then, for a lien claimant to treat the period as beginning to run from the start of the project if the primary 90-day period is missed.

Calculate your lien deadline

What information should be included in a North Dakota mechanics lien?

A North Dakota Construction Lien is governed by ND Cent. Code §35-27-13, and should contain the following information:

• Claimant’s information;
• Lien amount;
• Property description;
• First and last dates of furnishing labor and/or materials;
• Hiring party’s information; &
• Owner’s information.

→ Download a free North Dakota Construction Lien form here

Does a North Dakota mechanics lien need to include a legal property description?

It is unclear. In North Dakota, a mechanics lien is required to describe the property. A full legal description would clearly satisfy this requirement, but it is not apparent how “descriptive” the property description must be. Best practice would be to include a legal description of the property, but a description sufficient for identification may satisfy this requirement.

• Dive deeper: Legal Property Description Search | A Complete Guide

Does a North Dakota mechanics lien need to be notarized?

No, North Dakota law does not require a mechanics lien to be notarized. It may simply be signed.

• Learn more: To Notarize or Not? A Guide to Common Construction Documents

Can attorney fees, collection costs, or other amounts be included in the lien amount?

No. In North Dakota, a mechanics lien amount is limited to difference between the “agreed upon sum” or “the reasonable value of work done and the skill and material furnished” and the amount paid to the lien claimant. The value of a change order, or other add-on, is probably includable in the lien claim.

Attorney’s fees, or indirect or consequential damages are not included in the lien claim itself. If the property owner successfully defends against a mechanics lien in court, the property owner will be awarded costs and attorney’s fees from the unsuccessful lien claimant.

Where do I file and record a North Dakota mechanics lien?

North Dakota mechanics lien claims are documents recorded with the county recorder’s office. For your mechanics lien to be valid, you must record it in the county where the job is physically located. North Dakota counties each have their own unique rules and requirements.

To help you, we’ve assembled all of the offices in North Dakota that record mechanics liens. These pages will walk you through the county’s specific formatting requirements, deadlines, fees, process to file, and answers to frequently asked questions.

• Learn more: Essential Questions to Ask The County Recorder Before Filing a Lien

How do I actually file a North Dakota mechanics lien?

There are a lot of questions on this page about who can file a North Dakota mechanics lien, when it must be filed, what types of rules apply, and more. But you may be wondering something much more practical: how do I actually get my mechanics lien recorded and filed?

• For a full breakdown of the process, you may want to consult: How to File a North Dakota Mechanics Lien: A Step-by-Step Guide

Do I need to send notice that the mechanics lien was recorded in North Dakota?

No. North Dakota does not require any notice that a mechanics lien has been filed to be sent to any party. The filing of the mechanics lien in the county recorder’s office of the county in which the property is located has been determined to constitute sufficient notice to the interested parties.

As a practical matter, however, it may be best practice for a lien claimant to send a copy of the mechanics lien to the property owner as it may facilitate payment.

When is the deadline to enforce a North Dakota mechanics lien, or, how long is my lien effective?

In North Dakota, an action to enforce a mechanics lien must be initiated within 3 years from the date on which the lien was filed. It is possible for this time period to be dramatically shortened, however.

If the property owner, or other person with an interest, serves a written demand upon the lien claimant as set forth in North Dakota law, the lien claimant is required to commence a lien enforcement action within 30 days from receipt of that written demand.

→ Find a North Dakota construction attorney

Can I collect the entire unpaid amount from the property owner if they already paid the general contractor in full in North Dakota?

No, North Dakota is considered an “unpaid balance” lien state, meaning that a claimant’s amount is limited to the remaining contract price due to the general contractor at the time the claim is filed; thus, time is of the essence for subcontractors in North Dakota to file their lien claims

• Learn more: Full Price v. Unpaid Balance Lien States

Does a North Dakota lien have priority over pre-existing mortgages or other construction loans?

In North Dakota, a mechanics lien has priority over liens or encumbrances that attach to the property after the project commences. For purposes of priority, mechanics liens relate back to the first furnishing of labor or materials on the project notwithstanding the fact that the particular lien claimant may have furnished labor or materials at a later date. There is, however, an exception for construction mortgages. A mechanics lien will not have priority over a construction mortgage in North Dakota even if the construction mortgage is unrecorded at the time labor or materials are first furnished.

As between competing mechanics liens, the liens are grouped by tier and given priority in the following order: 1) manual labor, 2) materials, 3) subcontractors other than manual laborers, and 4) general contractors.

Liens filed after the 90-day period, but before the 3-year expiration, are granted priority only by the date of their filing.

Who cancels the North Dakota mechanics lien if/when I get paid?

There is no specific provision in North Dakota stating which party is responsible for discharging a lien when the obligation underlying the lien is paid. However, when a lien is filed against a property, any payment made to satisfy that lien is generally made for the consideration of the lien being released.

→ Download a free North Dakota Lien Release form here

People are asking North Dakota construction attorneys:

ND Mechanic Lien -does punchlist work apply towards last date provided?

I would need to discuss this directly with the contractor as the answer is that it depends. Best practice is to file the lien so you do not take chances, but finishing punch list items can in some cases extend lien rights.

Can we amend a lien in North Dakota?

If the debts giving rise to a mechanics lien claim have been paid, then that lien should be released. Even if there are future debts that may have to be paid - that doesn't serve as a valid basis for leaving a prior lien intact. Levelset discusses that idea here: Do you Have to Cancel a Mechanics Lien, or Will It Expire? Generally speaking, a second lien claim could likely be filed later on - and that'd probably be more appropriate. Granted, when releasing a lien on an ongoing job, it's crucial to make sure that release won't block future lien filings. Sometimes, lien releases will relinquish all future rights on the project - so it'd be wise to make sure the release simply releases the filed lien document because the specific debts on that lien have been paid.

Construction loan lien

If someone has performed work on your property but has gone unpaid for their work, then they may well be entitled to file a mechanics lien against the project property. This is true even if payment is supposed to come from someone other than the property owner - such as a construction lender. Note, though, that the kind of lien a construction lender may obtain against the project property operates separately from a traditional mechanics lien claim. And, lenders will not be entitled to file a mechanics lien since they haven't performed work or furnishing materials which has improved the project property, themselves.

Additional mechanics lien resources

I think these resources should be helpful for better understanding how mechanics lien claims operate in general, how lien claims operate in North Dakota, and how to respond to the threat or filing of a mechanics lien claim: - What is a Mechanics Lien? | Mechanics Lien 101 - North Dakota Mechanics Lien Guide and FAQs - I Just Received a Notice of Intent to Lien – What Should I Do Now? - A Mechanics Lien Was Filed on My Property – What Do I Do Now?

What is the Code provision that states equipment supply co's only have lien rights if in direct contact with the owner?

§ 35-27-06 of North Dakota's mechanics lien statute creates limitations on what amounts can be liened. This section limits the extent of a mechanics lien for those hired by someone other than the owner to "the reasonable value of the work done and of the skill and material furnished." However, note that § 35-27-01(4) of the state's lien statute limits what falls under the definition of "material". That definition seems to include rental equipment, but it puts limitations on what amounts can be claimed by those renting it. The section reads, in relevant part: "The rental value shall not be determinable by the contract for rental unless the owner is a party thereto." So, in a situation where material or equipment is rented by someone other than the owner of the project property, that rental might not be considered "material" for the strict purposes of the North Dakota mechanics lien statute - and thus, a mechanics lien may not be available since the amount of the purported lien would be undeterminable. Note, though, that I'm not aware that this issue has been brought up in a North Dakota court. So, it's possible that courts would have a different interpretation of those provisions. For the most clarity, it might be helpful to consult with a local construction attorney. Oil and gas liens Unfortunately, I'm not very familiar with the topic of oil and gas liens. However, it seems like there are some good resources on that front online. I've linked a few promising resources below: (1) Protections for Oil and Gas Operators and Working Interest Owners in a Bust Cycle (2) North Dakota Oil and Gas Well or Pipeline Construction Lien Law Summary

How can someone place lien when we just received the bill 3 days eariler.

North Dakota doesn't require that any certain amount of time passes before a mechanics lien can be filed. Rather, if there are amounts that are owed but unpaid for work that's been performed, a lien claimant can ultimately file their lien. Of course, providing a bill then immediately filing a mechanics lien is counterproductive behavior, and it goes against the very nature of mechanics lien rights. Lien rights are supposed to be a backup tool - sort of like the nuclear option. They're supposed to be the last resort for those who perform work but are struggling to be compensated for that work. So, sending a bill and then filing a mechanics lien a mere 3 days later, while not necessarily against the rules of the South Dakota mechanics lien statute, is certainly against the spirit of lien laws. Improper and fraudulent lien filings With the above being said, overstating the amount of a lien claim will typically render a mechanics lien invalid and unenforceable. And, when the amount of a lien claim has been knowingly, willfully, or even intentionally exaggerated - a lien claimant may even face liability and criminal penalties for a fraudulent lien. In a situation where a mechanics lien is filed for work that hasn't actually been performed, and/or where the lien has clearly been exaggerated and gone above and beyond what's owed, an owner should be able to successfully challenge a filed mechanics lien. And, the mere threat to challenge the lien - along with demanding damages, alleging other penalties etc. - can help coerce a lien claimant into releasing their own lien. This is especially true when a demand to release the lien comes from an attorney, alleges specific errors in the claim, and specifies that certain damages will be due as a result. Bottom line Mechanics liens are powerful, and they can have a drastic impact on the property owner. When a mechanics lien has been filed - especially one that may be fraudulent - it's typically wise to consult a local construction attorney. They'll be able to review all of the relevant documentation and work performed then advise on how to proceed with the dispute.

How should I enter the project address if materials were not delivered to the jobsite? Would I still enter where the project is occuring, or the address where materials are delivered?

Great question. When materials are being supplied or equipment rented and delivered to a company who then takes it to the project site, the location-specifying requirements of a notice or lien claim can be confusing.

In order to figure it out, it helps to think about how a mechanics lien works. The lien is an encumbrance on the improved property itself. The required notices or claim documents are supposed to provide information to other parties about the work and/or the existence of a lien against the property.

It follows then, that the description of the property on a notice or lien-related documents should be the project location, the property to which the lien will attach. In North Dakota, the mechanics lien statutes state that a lien should "describe the property" subject to the lien.

Can you lien a city owned project?

Great question, and it's one we get pretty often here at the Expert Center. Generally, publicly owned projects (like state, county, or city projects) are not susceptible to lien claims - public property isn't subject to mechanics liens. Rather, for public jobs, payment bond claims typically provide similar protection to mechanics liens.

When providing work on public jobs, general contractors are generally required to post a surety bond that guarantees all subs and suppliers will be paid on the job. This is done because, as mentioned above, lien claims aren't available to secure a sub or supplier's right to payment. Rather than payment security coming via a right to the property, claimants on public projects have their payment guaranteed by that surety bond (called a "payment bond") which more or less acts like an insurance policy ensuring that claimants will be paid by the company providing the bond if the contractor can't make payment.

I think these resources should be really helpful for you:
(1) North Dakota Bond Claim Guide and FAQs
(2) Construction Payment Bonds – What Contractors and Suppliers Must Know
(3) What’s the Difference Between a Lien Claim and a Bond Claim?

Can I as an employee file to put a lien on a property I did work on but haven't received a paycheck.

That's a good question, and I'm sorry to hear that you've gone unpaid for your work. Based on the text of North Dakota's mechanics lien statute, it appears that any individual who has performed construction work which improved real property but has gone unpaid for their work could be eligible to file a mechanics lien.

§ 35-27-02 of the statute states that "Any person that improves real estate, whether under contract with the owner of such real estate or under contract with any agent, trustee, contractor, or subcontractor of the owner, has a lien upon the improvement and upon the land on which the improvement is situated..."

§ 35-27-01(6) defines a "person" as "every natural person, fiduciary, association, corporation, or limited liability company."

So, putting those two together, it would seem that any person who has provided work to improve property but gone unpaid for that work would ultimately be entitled to mechanics lien rights - even if that person provided work as an employee.

Of course, it's also worth noting that when payment is coming slowly (or not coming at all), merely threatening to file a mechanics lien might lead to recovery. By sending a document like a Notice of Intent to Lien, a claimant can let their employer, the project's GC, and the property owner know that they've been unpaid, and that they're prepared to file a mechanics lien to recover payment, if push comes to shove. Because mechanics liens are such a drastic remedy, the mere proposition of a lien filing can get the wheels moving on payment. Plus, by sending the warning to a property owner, that owner is likely to put pressure on higher tiered parties to ensure that payment is made and a lien is avoided.

If you have other questions about mechanics lien requirements in North Dakota, this resource should be valuable: North Dakota Mechanics Lien and Notice Overview, FAQs, and Statutes.

Does Levelset have options for equipment rental companies on oil & gas pipeline jobs in North Dakota?

That's a great question, it can be very difficult to determine what type of protection is available on certain types of projects, and how to be best positioned for timely payment.

Some states, in addition to the general protection of mechanics liens (construction liens) have provided additional types of liens specifically related to oil and gas work. North Dakota is one of these states - and sets out "Well or Pipeline Construction Liens" in Chapter 35-24 of state statutes. These liens are created for the benefit of parties providing work or materials in the drilling or operating of an oil or gas well, or for the construction or repair of a pipeline. The lien attaches to the leasehold interest of the well/pipeline, the fixtures of the owners of the leasehold, the wells and the oil or gas produced from the wells, and the pipeline and fixtures itself.

In order to claim an oil or gas pipeline line, the potential claimant must file a lien statement in the county in which the well or pipeline (or any part thereof) is located. The lien must contain certain information, such as: "the amount claimed and the items thereof, the dates on which labor was performed or material or services furnished, the name of the owner of the leasehold or pipeline, if known, the name of the claimant and the claimant's mailing address, a description of the leasehold or pipeline, and if the claimant is a [subcontractor], the name of the person for whom the labor was immediately performed or the material or services were immediately furnished."

The lien must be filed within 6 months of the claimant's last furnishing labor or materials to the project.

It is important to note, however, that to the extent the work done is related to the construction of a (permanent) improvement to the property, a general mechanics lien may also be applicable. So, whether a mechanics lien affords protection to a party performing work on a well or pipeline depends on the nature of the work being done for the specific project.

And, an astute observer will note that the filing and form requirements for an oil/gas pipeline lien, and a "general" mechanics lien are basically identical. So, while Levelset does not have any specific plans to introduce a "North Dakota Oil and Gas Well or Pipeline Lien" as a product template, it is likely that a mechanics lien form, with potentially some modification to the title or statutory cite (if any) would be sufficient to be an oil/gas pipeline line, or could be sufficient on its own as a mechanics lien with no modification. While pipeline work may be lienable, under general mechanics lien provisions, there may be some practical considerations if the work performed spanned over multiple parcels of property or through multiple counties. Additionally, a mechanics lien attaching to the leasehold interest of the party making the improvement is good, but does not extend to the production of the oil/gas well or pipeline itself.

As a take-away:

1. A mechanics lien can be filed through the Levelset system, and such a lien may be sufficient to secure and prompt payment on a pipeline project;
2. A mechanics lien template can be downloaded, and with a few simple modifications, can be "turned into" an oil/gas pipeline lien - which may (but not necessarily) be more directly effective in some situations.

Will a mechanics lien go away after so many years in ND?

In North Dakota, an action to enforce a mechanics lien must be initiated within 3 years from the date on which the lien was filed. While the time for enforcing the lien has passed, as you mentioned, it still exists in record. Because no action was taken on the lien within the 3 year time frame, the lien will be deemed satisfied by the clerk of court upon a request of any interested person. As a result, the clerk will certify to the recorder that no summons or complaint was filed and the lien will be deemed satisfied. Then, a verified certificate of such will be recorded.

in North Dakota can we lien Material that was purchased 6 months ago and never paid

In North Dakota, mechanics lien protection extends to contractors, subcontractors, and suppliers. North Dakota provides broad protection to parties working or providing materials to a construction project. Equipment lessors are only entitled to a mechanics lien in North Dakota if they have a contract directly with the property owner, or the property owner signs the contract between the equipment lessor and the general or subcontractor.

However, a mechanics lien in North Dakota must be filed within 90 days from the date of the claimant's last furnishing of labor or materials to the project, and a notice of intent to lien must be sent at least 10 days prior to filing the lien.

If the deadline for filing an enforceable lien has passed, the general protections provided by litigation for a breach of contract (or other causes of action) may be the most likely to get you paid. It is likely a good idea to contact an attorney to look over your contract and the examine the situation more fully and advise as to the best available options if the 90-day deadline has passed.

Contractor hired other crew to finish job and didn't pay me my contract amount.

I'll break down your question into 2 potential parts and solutions.

Part 1: Filing A Lien
If you are unpaid for work (labor or material) that you furnished to the project, the best way to assert leverage and make sure you get paid is to file a lien. The rules that would govern the lien are determined where the job was located. Since this job was in North Dakota, the lien would need to be filed pursuant to ND rules.

In ND, these rules include sending a notice of intent to lien before filing a lien. If a lien fits the situation, it may be a good option to get you paid - you may want to talk with an attorney in ND to determine if you have lien rights on the project.

Part 2: Sue for breach of contract
Yes, you can always sue for breach of contract if you had a contract and it was breached. You can have a contract even if it's not in writing. Looks like there may be some ambiguity or dispute here about just how much the contract in question was for, and whether it was breached, but that's to be settled by the courts. If you're talking $50k, that's something you can't bring in small claims court and you'll likely need an attorney to help get the lawsuit filed and litigated. Where the suit needs to be filed and what law applies can be a complicated question when there are a bunch of different states involved. It depends on a number of factors, including, whether a written contract was executed naming a state whose law would apply. You would likely have an ability to file suit in ND or Colorado. It would be tougher to file in SD or GA.

View more Mechanics Lien North Dakota questions

View Mechanics Lien questions

View North Dakota questions

Best rated general contractors in North Dakota

Greystone Construction (MN)

Rating 5.0

View

Costco Wholesale Corporation

Rating 5.0

View

TrueNorth Steel

Rating 5.0

View

Axia Contracting Texas

Rating 5.0

View

Richmond American Homes

Rating 5.0

View

Bridgford Construction Inc

Rating 5.0

View

Biggest liens filed in North Dakota

Search liens by contractor per state

Fastest paying contractors in North Dakota

Slowest paying contractors in North Dakota

Highest rated contractors in North Dakota

Are others reporting slow payment?

Contractor name

5 essential things to know about North Dakota mechanics liens

Contractors & suppliers have strong lien rights in North Dakota. If a contractor or supplier isn’t paid on an North Dakota job, they can turn to filing a lien to speed up payment and protect themselves. However, there are specific requirements and rules that must be followed. Here are 5 essential things you need to know about North Dakota’s mechanics lien law.

Equipment leasing companies only have mechanics lien rights if in direct contact with the property owner

North Dakota provides broad protection to parties on a construction project, as contractors, subcontractors, suppliers, suppliers to suppliers, architects, surveyors, engineers, professional soil testers, mappers, and parties involved with excavation and demolition are generally protected. Equipment lessors, however, can only file a mechanics lien if they are contracted directly with the property owner, or if the property owner signs the contract between the equipment lessor and the hiring party.

Project participants have 3 years to file a North Dakota mechanics lien

North Dakota is unique in that a project participant can file lien rights after the deadline. However, in order to get full rights, adhering to the deadline is crucial. The deadline for a project participant to fully protect lien rights is 90 days after last furnishing labor or materials to the project. If you do not file a mechanics lien within these 90 days, you have 3 years in which to file a lien. This late-filed lien is not effective against subsequent purchasers or encumbrances arising prior to the date of filing the lien. There is some debate as to whether the “first furnishing date” is the first date of the lien claimant’s furnishing or the date the project as a whole started. To be safe and not miss the 3-year deadline, it is advisable to measure from the first date any party delivered to the project.

Notice of Intent to lien is required

Preliminary notice is not required, to file a lien, but a Notice of Intent to Lien is required to be sent 10 days before the filing of the lien itself.

A lien on the "structure" rather than the "property" can take priority

In North Dakota, if you working on a new construction project, you may be able to file a lien against the structure itself and not the land it is on. Material suppliers and laborers can claim this lien if they send a preliminary notice. This lien on the structure itself has priority over prior “title, claim, lien, encumbrance, or mortgage upon the land upon which the building, erection, or improvement is erected.”

It's always a good idea to be licensed

In North Dakota, there are no specific requirements that state you need to be licensed to file a mechanics lien. While it is always best practice to be licensed to perform the work, being unlicensed will not invalidate a mechanics lien.

How to file a Mechanics Lien in North Dakota (DIY)

Read the guide

In our step-by-step guide, we will walk you through each step required to qualify for and file a North Dakota mechanics lien. This guide explains the notices you need to send, the information required on the North Dakota mechanics lien form, and essential tips about delivering it to the county office for recording.

Send a notice of intent to lien

Get a notice of intent form

Before you prepare a mechanics lien in North Dakota, you need to send a notice of intent to lien to the property owner. The deadline to send notice is 10 days before you file the lien claim. Failure to submit a NOI results in the loss of your lien rights.

Get the right lien claim form

Get the right form

After you send the notice of intent, it’s time to prepare the lien claim itself. Download a blank North Dakota Claim of Lien form here. Our free forms were created by construction attorneys to meet the requirements in North Dakota mechanics lien laws. The state statutes are very specific about the language and formatting required in a lien claim document. We make it easy to get this part right.

See all construction forms for North Dakota

Fill out the form

Be careful! Accuracy is important.

This is the trickiest part of the process. That’s because North Dakota lien law is strict when it comes to the information that’s required and the format of the document. Making a mistake on the lien form could invalidate your claim, leaving you with no recovery options. All of the information must be 100% accurate, including the legal names of each party, the property description, and the claim amount. Review every detail carefully.

File your lien with the county recorder

Find your county office

Now that the NOI has been sent and the form has been prepared, it’s time to record your lien claim. Lien claims are filed at the recorder’s office in the North Dakota county in which the property is located. View a full list of North Dakota recorder’s offices to find contact information, fees, and filing requirements.

The deadline to file a lien in North Dakota is 90 days after last furnishing.

After you file

Learn the next steps

After you file your lien, you have a few options to recover payment. You can send a notice of intent to foreclose that serves as a final warning. If that doesn’t spur a payment, you can enforce your lien claim.

In North Dakota, you have 3 years after filing to enforce your lien claim. However, if the owner files a demand to enforce, you only have 30 days.

North Dakota's Construction Lien Statutes

The provisions of the North Dakota statutes that permit the filing of mechanics liens and materialman’s liens can be found in North Dakota’s Construction Lien Law, N.D. Cent. Code § 35-27-01 et. seq. The full text of the North Dakota Construction Lien Law is provided below. Updated as of May 2023.

§ 35-27-01. Definitions

[Effective until 8/1/2023]

In this chapter, unless the context or subject matter otherwise requires:

1. “Contract” means any agreement for improving real property, written or unwritten, express or implied.

2. “Improve” means to build, erect, place, make, alter, remove, repair, or demolish any improvement upon, connected with, or beneath the surface of any land, or excavate any land, or furnish materials for any of such purposes, or dig or construct any fences, wells, or drains upon such improvement, or perform any labor or services upon such improvement; or perform any architectural services, construction staking, engineering, land surveying, mapping, or soil testing upon or in connection with the improvement; or perform any labor or services or furnish any materials in laying upon the real estate or in the adjoining street or alley any pipes, wires, fences, curbs, gutters, paving, sewer pipes or conduit, or sidewalks, or in grading, seeding, sodding, or planting for landscaping purposes, or in equipping any such improvement with fixtures or permanent apparatus.

3. “Improvement” means any building, structure, erection, construction, alteration, repair, removal, demolition, excavation, landscaping, or any part thereof, existing, built, erected, improved, placed, made, or done on real estate for its permanent benefit.

4. “Materials” means materials or fixtures which are incorporated in the improvement and those which become normal wastage in construction operations, custom or specially fabricated materials for incorporation in the improvement, building materials used for construction, but not remaining in the improvement, subject to diminution by the salvage value of such materials, tools, appliances, or machinery, excluding hand tools, used in the construction of the improvement to the extent of the reasonable value for the period of actual use. The rental value shall not be determinable by the contract for rental unless the owner is a party thereto.

5. “Owner” means the legal or equitable owner and also every person for whose immediate use and benefit any building, erection, or improvement is made, having the capacity to contract, including guardians of minors or other persons, and including any agent, trustee, contractor, or subcontractor of such owner.

6. “Person” means every natural person, fiduciary, association, corporation, or limited liability company.

7. “Subcontractor” means all persons contributing any skill, labor, or materials to the improvement except such as have contracts therefor directly with the owner; and, includes any person who enters into a contract with a subcontractor as above defined, for the performance of any part of such subcontractor’s contract.

[Effective 8/1/2023]

In this chapter, unless the context or subject matter otherwise requires:

1. “Contract” means any agreement for improving real property, written or unwritten, express or implied.

2. “Improve” means to build, erect, place, make, alter, remove, repair, or demolish any improvement upon, connected with, or beneath the surface of any land, or excavate any land, or furnish materials for any of these purposes, or dig or construct any fences, wells, or drains upon the improvement, or perform any labor or services upon the improvement; perform any architectural services, construction staking, engineering, land surveying, mapping, or soil testing upon or in connection with the improvement; or perform any labor or services or furnish any materials in laying upon the real estate or in the adjoining street or alley any pipes, wires, fences, curbs, gutters, paving, sewer pipes or conduit, or sidewalks, or in grading, seeding, sodding, or planting for landscaping purposes, or in equipping any such improvement with fixtures or permanent apparatus.

4. “Materials” means materials or fixtures that are incorporated in the improvement and those which become normal wastage in construction operations, custom or specially fabricated materials for incorporation in the improvement, building materials used for construction, but not remaining in the improvement, subject to diminution by the salvage value of the materials, tools, appliances, or machinery, excluding hand tools, used in the construction of the improvement to the extent of the reasonable value for the period of actual use. The rental value is not determinable by the contract for rental unless the owner is a party to the rental contract.

6. “Person” means every natural person, fiduciary, association, corporation, or limited liability company.

7. “Subcontractor” means a person contributing any skill, labor, or materials to the improvement which does not have a direct contract with the owner; and, includes any person that enters a contract with a subcontractor , for the performance of any part of the subcontractor’s contract.

§ 35-27-02. Persons Entitled to Construction Lien - Notice

[Effective until 8/1/2023]

Any person that improves real estate, whether under contract with the owner of such real estate or under contract with any agent, trustee, contractor, or subcontractor of the owner, has a lien upon the improvement and upon the land on which the improvement is situated or to which the improvement may be removed for the price or value of such contribution. Provided, however, that the amount of the lien is only for the difference between the price paid by the owner or agent and the price or value of the contribution. If the owner or agent has paid the full price or value of the contribution, no lien is allowed. Provided further that if the owner or an agent of the owner has received a waiver of lien signed by the person that improves the real estate, a lien is not allowed.

Any person that extends credit or makes a contract with any agent, trustee, contractor, or subcontractor of the owner for the improvement of real estate, upon demand, has the right to request and secure evidence of the legal description of the real estate upon which the improvement is located, including the name of the title owner of the real estate. Written notice that a lien will be claimed must be given to the owner of the real estate by certified mail at least ten days before the recording of the construction lien.

[Effective 8/1/2023]

1. Any person that improves real estate under a contract with the owner of the real estate or under contract with any agent, trustee, contractor, or subcontractor of the owner, has a lien upon the improvement and upon the land on which the improvement is situated or to which the improvement may be removed for the price or value of the contribution.

2. The amount of the lien is limited to the difference between the price paid by the owner, trustee, or agent and the price or value of the contribution. If the owner, trustee, or agent has paid the full price or value of the contribution, no lien is allowed.

3. If the owner, trustee, or agent of the owner has received a valid waiver of lien, signed by the person that improves the real estate, a lien is not allowed.

4. Any person that extends credit or makes a contract with any agent, trustee, contractor, or subcontractor of the owner for the improvement of real estate, upon demand, has the right to request and secure evidence of the legal description of the real estate upon which the improvement is located, including the name of the legal or equitable owner of the real estate. Written notice a lien will be claimed must be given to the legal or equitable owner of the real estate by certified mail at least ten days before the recording of the construction lien.

5. Notwithstanding any provision in this section, any person that performs labor or furnishes materials or services under chapter 35-24 is prohibited from claiming or maintaining a lien under this chapter.

§ 35-27-03. When Lien Attaches

[Effective until 8/1/2023]

As against the owner of the land, subject to section 35-27-02, such liens attach and take effect from the time the first item of material or labor is furnished upon the premises for the beginning of the improvement. As against a bona fide purchaser, mortgagee, or encumbrancer without notice, no lien may attach prior to the actual and visible beginning of the improvement on the ground. Subject to the exception set forth in section 35-27-04, all such liens are preferred to any mortgage or other encumbrance not then of record, unless the lienholder had actual notice thereof.

[Effective 8/1/2023]

1. As against the legal and equitable owner , subject to section 35-27-02, such liens attach and take effect from the time the first item of material or labor is furnished upon the premises for the beginning of the improvement.

2. A lien may not attach against a person that acquires an interest in real estate, in good-faith, without actual or constructive notice of the claimant’s rights, before the actual and visible beginning of the improvement on the subject property.

3. Except as provided in section 35-27-04, all liens under this chapter are preferred to any unrecorded mortgage or other encumbrance unless the lienholder had actual notice of the unrecorded interest.

§ 35-27-04. When Lien Attaches - Exception - Filing

As against a mortgage given in good faith for the purpose of providing funds for the payment of materials or labor for the improvement, a lien may not be preferred even though such mortgage is recorded after the time the first item of material or labor is furnished upon the premises, or after the actual visible beginning of the improvement unless the person furnishing such labor, skill, or material for such improvement, before the recording of such mortgage, files for record a construction lien.

§ 35-27-05. Repealed by S.L. 2009, ch. 293, § 16, eff. Aug. 1, 2009

[Repealed]

§ 35-27-06. Extent and Amount of Lien

If the contribution is made under a contract with the owner and for an agreed price, the lien as against the owner must be for the sum so agreed upon, otherwise, and in all cases as against others than the owner, it must be for the reasonable value of the work done and of the skill and material furnished.

§ 35-27-07. Title of Vendor or Consenting Owner - Subject to Liens

[Effective until 8/1/2023]

When land is sold under an executory contract requiring the vendee to improve the same and such contract is forfeited or surrendered after liens have attached by reason of such improvements, the title of the vendor is subject thereto, but the vendor is not personally liable if the contract was made in good faith. When improvements are made by one person upon the land of another, all persons interested therein otherwise than as bona fide prior encumbrancers or lienors are deemed to have authorized such improvements, insofar as to subject their interests to liens therefor. Any person who has not authorized the same may protect the person’s interest from such liens by serving upon the person doing work or otherwise contributing to such improvement within five days after knowledge thereof, written notice that the improvement is not being made at the person’s instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises. As against a lessor no lien is given for repairs made by or at the instance of the lessor’s lessee, unless the lessor has actual or constructive notice thereof and does not object thereto.

[Effective 8/1/2023]

1. When land is sold under an executory contract requiring the vendee to improve the land and such contract is forfeited or surrendered after liens have attached by reason of such improvements, the title of the vendor is subject thereto, but the vendor is not personally liable if the contract was made in good faith. When improvements are made by one person upon the land of another, all persons interested in the land, other than as bona fide prior encumbrancers or lienors, are deemed to have authorized the improvements, and are subject to the liens attached to the real estate.

2. A person may object to any unauthorized improvements by :

a. Serving upon the person making the improvements, within five days after knowledge of the improvements, written notice that the improvement is unauthorized; or

b. Posting a notice objecting to the unauthorized improvements, and keeping the notice posted in a conspicuous place on the premises.

3. If the legal or equitable owner’s tenant orders improvements on leased real estate, no lien is allowed unless the legal or equitable owner has actual or constructive notice of the improvements and fails to object to the improvements on the leased property.

§ 35-27-08. Repealed

[Repealed]

§ 35-27-09. Payments to Contractors Withheld

The owner may withhold from the owner’s contractor so much of the contract price as may be necessary to meet the demands of all persons, other than such contractor, having a lien upon the premises for labor, skill, or material furnished for the improvement, and for which the contractor is liable, and the owner may pay and discharge all such liens and deduct the cost thereof from such contract price. Any such person having a lien under the contractor in accordance with section 35-27-02 may serve upon the owner at any time a notice of that person’s claim. The owner, within fifteen days after the completion of the contract, may require any person having a lien hereunder, by written request therefor, to furnish to the owner an itemized and verified account of the person’s claim, the amount thereof, and the person’s name and address, and no action or other proceeding may be commenced for the enforcement of such lien until ten days after such statement is so furnished. The word “owner”, as used in this section, includes any person interested in the premises otherwise than as a lienor thereunder.

§ 35-27-10. Mingling of Charges Defeats Right to Lien

The mingling of charges for materials to be used in the construction, alteration, repair, or improvement of the property of different persons, except in the cases of joint ownership or ownership in common, defeats the right to a lien against either or any of such persons.

§ 35-27-11. Repealed by S.L. 2009, ch. 293, § 16, eff. Aug. 1, 2009

[Repealed]

§ 35-27-12. Repealed by S.L. 2009, ch. 293, § 16, eff. Aug. 1, 2009

[Repealed]

§ 35-27-13. How Lien Perfected - Construction Lien Recorded

[Effective until 8/1/2023]

Every person desiring to perfect the person’s lien shall record with the recorder of the Every person desiring to perfect the person’s lien shall record with the recorder of the county in which the property to be charged with the lien is situated, within ninety days after all the person’s contribution is done, and having complied with the provisions of this chapter, a lien describing the property and stating the amount due, the dates of the first and last contribution, and the person with which the claimant contracted.

[Effective 8/1/2023]

Every person desiring to perfect the person’s lien shall record with the recorder of the county in which the property to be charged with the lien is situated, within ninety days after all the person’s contribution is done, and having complied with the provisions of this chapter, a lien describing the property and stating the amount due, the dates of the first and last contribution, and the person with which the claimant contracted. Unless the owner of the freehold estate also is the owner of the leasehold for wind turbines or an electric energy conversion facility for which the labor, materials, or services were supplied, if a recorded lien is for a wind turbine or associated facility under section 17-04-07, the recorded lien must contain the following statement in at least sixteen – point type:

The lien in this chapter attaches only to the leasehold for an electric energy conversion facility or wind turbines for which labor, materials, or services were supplied. This lien does not attach to or encumber the real property or freehold estate.

Failure to include the statement required under this section in the statement of the lien does not invalidate a lien on the leasehold or electric energy conversion facility.

§ 35-27-14. Lien Not Lost for Failure to File Within Time - Exception

A failure to file within ninety days does not defeat the lien except as against purchasers or encumbrancers in good faith and for value whose rights accrue before the lien is filed, and as against the owner to the extent of the amount paid to a contractor before the recording of the lien. A lien may not be filed more than three years after the date of the first item of material is furnished.

§ 35-27-15. Repealed

[Repealed]

§ 35-27-16. Inaccuracies in Lien Statement

A lien given by this chapter is not affected by any inaccuracy in the particulars of the lien, but, as against all persons except the owner of the property, the lien claimant must be concluded by the dates therein given, showing the first and last items of the claimant’s account. A lien may not exist for a greater amount than the sum claimed in the lien, nor for any amount, if it be made to appear that the claimant has knowingly demanded more than is justly due.

§ 35-27-17. Single Contract for Several Buildings - Amount of Claim Apportioned

If labor is done or materials furnished under a single contract for several buildings, structures, or improvements, the person furnishing the same is entitled to a lien therefor, subject to section 35-27-02, as follows:

1. If the improvements are upon a single farm, tract, or lot, upon all such buildings, structures, and improvements and the farm, tract, or lot upon which the same are situated.

2. If the improvements are upon separate farms, tracts, or lots, upon all the buildings, structures, and improvements and the farms, tracts, or lots upon which the same are situated, but upon the foreclosure of the lien the court, in the cases provided for in this subsection, may apportion the amount of the claim among the several farms, tracts, or lots in proportion to the enhanced value of the same produced by means of the labor or materials, if such apportionment is necessary to protect the rights of third persons.

§ 35-27-18. Construction Lien on Railway Contracts Obtainable

[Effective until 8/1/2023]

Every person that furnishes any labor, skill, or material for constructing, altering, or repairing any line of railway, or any improvement or structure appertaining to any line of railway by virtue of any contract with the owner, or the owner’s agent, contractor, or subcontractor authorized in writing to contract for the owner, has a lien upon such line of railway and the right of way of such railway, and upon all bridges, depots, offices, and other structures appertaining to the line of railway, and all franchises, privileges, and immunities granted to the owner of the line of railway for the construction and operation thereof, to secure the payment for the labor, skill, and materials, upon recording a lien, within ninety days from the last day of the month in which the labor or material was furnished, but a failure to record within the ninety days does not defeat the lien except to the extent specified in section 35-27-14.

[Effective 8/1/2023]

Every person that furnishes any labor, skill, or material for constructing, altering, or repairing any line of railway, or any improvement or structure appertaining to any line of railway by virtue of any contract with the owner, or the owner’s agent, contractor, or subcontractor authorized in writing to contract for the owner, has a lien upon the line of railway and the right of way of the railway, and upon all bridges, depots, offices, and other structures appertaining to the line of railway, and all franchises, privileges, and immunities granted to the legal or equitable owner of the line of railway for the construction and operation of the railway, to secure the payment for the labor, skill, and materials, upon recording a lien, within ninety days from the last day of the month in which the labor or material was furnished, but a failure to record within the ninety days does not defeat the lien except to the extent specified in section 35-27-14.

§ 35-27-19. Land Subject to Lien

The entire land upon which any building, structure, or other improvement is situated, or to improve which labor is done or materials furnished, including that portion of the land not covered thereby, is subject to all liens created under this chapter to the extent of all the right, title, and interest of the owner for whose immediate use or benefit the labor was done or materials furnished.

§ 35-27-20. Collateral Security Does Not Impair Lien - Exception

The taking of collateral or other security for an indebtedness for which a lien might be claimed under the provisions of this chapter in no way impairs the right to the lien unless the security, by express agreement, is given and received in lieu of the lien.

§ 35-27-21. Complete and Independent Building - Lien Independent of Land - Notice to Owner

In addition to the lien provided by this chapter, but subject to the conditions of section 35-27-02, when material is furnished or labor performed in the erection or construction of an original, complete, and independent building, structure, or improvement, whether the same is placed upon a foundation or not, the lien attaches to the building or improvement in preference to any prior title, claim, lien, encumbrance, or mortgage upon the land upon which the building, erection, or improvement is erected. Upon the foreclosure of the lien, the building or improvement may be sold separately from the land and may be removed from the land within thirty days after the sale. The sale and removal of a structure or improvement separately from the land operates as a full satisfaction and discharge of the lien upon the real estate. At the time the material is furnished for such improvement, the seller shall notify the purchaser by delivering to the purchaser a written notice stating that the seller claims the right to foreclose the lien under the laws of the state, and in the event that there is a default in payment for the improvement, to remove the building from the real estate upon which it is placed regardless of whether or not said building is placed upon a foundation.

§ 35-27-22. Order of Priority of Classes of Construction Liens

1. Liens perfected under this chapter have priority in the following order:

a. For manual labor.

b. For materials.

c. Subcontractors other than manual laborers.

d. Original contractors.

2. Liens for manual labor filed within the ninety-day period must share ratably in the security. Liens for manual labor filed after the ninety-day period have priority in the order of the filing of such liens. Liens for materials filed within the ninety-day period must share ratably in the security and liens filed after the ninety-day period have priority in the order of the filing of such liens.

§ 35-27-23. Improvements on Leasehold Interest - Extent of Lien - Sale of Building

When the interest owned in land by the owner of the building, structure, or other improvement for which a lien is claimed, is only a leasehold interest, the forfeiture of the lease for nonpayment of rent or for noncompliance with any of the stipulations of the lease does not impair the lien so far as it applies to the building, structures, or improvements, but the improvements may be sold to satisfy the lien and may be removed by the purchaser within thirty days after the sale.

§ 35-27-24. Action to Enforce Construction Lien - Notice of Deficiency Judgment

[Effective until 8/1/2023]

Any person having a lien by virtue of this chapter may bring an action to enforce the lien in the district court of the county in which the property is situated. Any number of persons claiming liens against the same property may join in the action and when separate actions are commenced the court may consolidate the actions. Before a lienholder may enforce a lien, the lienholder shall give written notice of the lienholder’s intention so to do, which notice must be given by personal service upon the record owner of the property affected at least ten days before an action to enforce the lien is commenced, or by registered mail directed to the owner’s last-known address at least twenty days before the action is commenced. The judgment may direct that in the event that a deficiency remains after the sale of the real property subject to the lien an execution may issue for such deficiency.

[Effective 8/1/2023]

Any person having a lien by virtue of this chapter may bring an action to enforce the lien in the district court of the county in which the property is situated. Any number of persons claiming liens against the same property may join in the action and when separate actions are commenced the court may consolidate the actions. Before a lienholder may enforce a lien, the lienholder shall give written notice of the lienholder’s intention so to do, which notice must be given by personal service upon the legal or equitable owner of the property affected at least ten days before an action to enforce the lien is commenced, or by registered mail directed to the owner’s last-known address at least twenty days before the action is commenced. The judgment may direct that if a deficiency remains after the sale of the real property subject to the lien an execution may issue for the deficiency.

§ 35-27-24.1. Costs and Attorney's Fees

Any owner that successfully contests the validity or accuracy of a construction lien by any action in district court must be awarded the full amount of all costs and reasonable attorney’s fees incurred by the owner.

§ 35-27-25. Requiring Suit to Be Commenced - Demand - Limitations of Action

Upon written demand by or on behalf of the owner which has been delivered to the lienor and filed with the county recorder, suit must be commenced and filed and a lis pendens as provided in chapter 28-05 must be recorded within thirty days after the date of delivery of the demand or the lien is forfeited. This thirty-day requirement applies regardless of the method of delivery and additional time may not be allowed based on the method of delivery. The demand must inform the lienor that if suit is not commenced and a lis pendens recorded within the thirty days required under this section, the lien is forfeited. A lien is not valid, effective, nor enforceable, unless the lienor commences an action and records with the county recorder a lis pendens within three years after the date of recording of the lien. If a lis pendens is not recorded within the limitations provided by this section, the lien is deemed satisfied.

§ 35-27-26. Repealed by S.L. 2009, ch. 293, § 16, eff. Aug. 1, 2009

[Repealed]

§ 35-27-27. Assignment of Claims

Any claim for which a lien may be or has been filed and the right to recover therefor under the provisions of this chapter may be assigned by an instrument in writing. Such assignment vests in the assignee all rights and remedies herein given, subject to all defenses that might have been interposed if such assignment had not been made.

§ 35-27-28. General Provisions

The general provisions of this title not in conflict with the provisions of this chapter are applicable to this chapter.

North Dakota construction payment topics