We are reviewing a contract with a customer in ND. The contract says we waive our right to lien. I've heard this is illegal in some states and not enforceable. Is this the case in North Dakota?
In the state of North Dakota, there is no specific law that prohibits the use of what we refer to as "no-lien clauses" in a contract (i.e. waiving lien rights through a contract). This can be a huge red flag for contractors. You may want to try and negotiate different terms to protect yourself against non-payment.
NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...