State Information | North Dakota | National Lien Services

This is an overview of the state’s statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.

While we are happy to provide this guide as a quick reference, we highly encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.

North Dakota Quick Overview

Pursuant code	N.D.C.C. § 35-27-02, § 35-27-09, § 35-27-13
Prelien required for private / commercial projects	No, but may be beneficial
Prelien required for public projects	No
ND statutory relief	Unpaid balance
Lien milestone event	Last furnishing/last invoice
Lien enforcement deadline	1 to 3 years
Waivable lien rights	No specific statutes
Supplier to supplier rights	Condiional, check statutes
Prelien document name(s)
Prelien minimum information	Description of the property, amount due, dates of first and last furnishing, and contracting party.
Prelien minimum notifications	Owner
Prelien recording requirement	Yes, the lien must be recorded with the county recorder.
Prelien notarized	No

Understanding the Prelien Process on Construction Projects in North Dakota by Role

In North Dakota, a Notice of Intent to Lien must be served to the property owner by certified mail at least 10 days before filing the lien. The lien must be filed within 90 days of the last furnishing of labor or materials. Failure to serve the notice within this timeframe may forfeit lien rights.

Prime/ Original / General Contractors (GCs): Prime contractors should send the notice of intent at least 10 days before filing and track owner receipt.

Subcontractors/Trade Partners (Subs): Subcontractors should preserve project records and serve timely certified-mail notice before lien filing.

Second-tier Subcontractors: Second-tier claimants should coordinate notice timing and file within 90 days after last furnishing.

Lower-tier Subcontractors: Lower-tier parties should verify owner information early so statutory notices can be delivered correctly.

Material Suppliers: Suppliers should document dates of delivery and maintain proof of certified-mail service.

Equipment Lessors: Lessors should track last furnishing dates and preserve records needed for notice and filing deadlines.

Second-tier Material Suppliers: Second-tier suppliers should move quickly to meet notice and filing windows.

Lower-tier Material Suppliers: Lower-tier suppliers should validate contracting chains and serve required notices before filing.

Mechanic's Liens in North Dakota

In North Dakota, a contractor, subcontractor, or supplier must provide written notice by certified mail to the owner at least 10 days prior to filing a lien. A construction lien must be filed within 90 days after the last contribution of labor, goods, materials, or services. The lien must be served on the owner and recorded with the county recorder where the project is located. To enforce the lien, a claimant must serve a notice of intent to enforce the lien at least 20 days prior to filing suit (or 10 days if personally served), and the lawsuit must be filed within 3 years of the lien recording date. If the owner issues a written demand, suit must be filed within 30 days, or the lien is forfeited.

Bond Claims in North Dakota

On public projects in North Dakota, a payment bond is typically required under state law. Claimants may need to provide timely notice of their claim to the public entity or prime contractor. Deadlines and notice requirements for bond claims can vary based on project type and contract terms, so claimants should review bond documents carefully to ensure compliance.

Construction Lien Waivers in North Dakota

Required format: North Dakota does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.

Required notarization: North Dakota does not require waivers to be notarized.

North Dakota does not have statutory lien waiver forms. Waivers are generally governed by contract and must be clear and unambiguous to be enforceable.

Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.

As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.

Assessors’ websites in North Dakota counties

Most often, the county Assessor’s office is the go-to resource for online lien-related information for construction project parcels—ownership records, special warranty deeds, and more. Counties that we’ve not yet found online (those with “*”) link to a Google search for your convenience.

Frequently asked questions (FAQs) on North Dakota lien processes for contractors

Do I need to send a preliminary notice before filing a lien in North Dakota?

Yes. A written notice that a lien will be claimed must be sent to the property owner by certified mail at least 10 days before recording the lien.

How long do I have to file a lien after finishing work or supplying materials?

A lien must be filed within 90 days after the last contribution of labor, goods, materials, or services on the project.

How do I enforce my lien if the owner does not pay?

You must serve a notice of intent to enforce the lien by registered mail at least 20 days before filing a lawsuit (or 10 days if served personally). The lawsuit must be filed within 3 years from recording the lien.

Can I still file a lien if I did not send the 10-day preliminary notice?

No. Failure to send the required 10-day preliminary notice will forfeit your right to claim a lien in North Dakota.

What should I know about bond claims on public projects in North Dakota?

Payment bonds are usually required on public projects. Contractors and suppliers should review the bond for any notice requirements and time limits to preserve their right to make a claim.

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Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in North Dakota