North Dakota Mechanics Lien Form

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.

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.

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?