North Dakota Preliminary Notice FAQs

Last updated July 15, 2020
Sending a North Dakota preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in North Dakota.

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North Dakota preliminary notice requirements for:

Private projects

General contractors are not technically required to send notice; however, it's always a good practice to increase transparency on the job.

Public projects

Not required.

Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.

Private projects

Subcontractors and suppliers must send notice on private projects if not contracted with the owner.

  • Notice must be sent within 10 days before a lien
  • Notice can be sent late
  • Notice must be sent to the owner

The required pre-lien notice in North Dakota may be filed after the 80-day deadline (10 days prior to the 90-day deadline in which to claim a lien) but a claimant must wait at least 10 days before filing the lien claim.

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Public projects

Subcontractors and suppliers DO NOT need to send notice on public projects.

It is generally a good idea, however, to provide preliminary notice even when not required to promote project visibility, open channels for communication, and streamline payment.