we have a customer in Bismarck North Dakota that bought equip. that we delivered and erected for them and now they haven't paid for it.
Nov 10, 2017
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.