North Dakota Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under NDCC Chapter 35-27 — Private Works, Payment Bonds & Public Projects
North Dakota mechanic lien deadline table with toggles for project type and claimant type.
North Dakota Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Serve the Notice of Intention to Claim a Construction Lien on the owner at least 10 days before filing the Construction Lien.
Required for all claimants, including prime contractors in privity with the owner.
If the owner demands a statement of account, wait an additional 10 days after providing the statement before filing.
File within 90 days of last furnishing to preserve priority against subsequent purchasers and encumbrancers.
For validity against the owner, file within 3 years of first furnishing.
Best practice: file within 90 days of last furnishing.
Commence suit to foreclose the Construction Lien within 3 years after the lien is filed. If the owner serves the claimant with a written demand to enforce, the claimant must commence suit within 30 days of receipt or the lien lapses.
Preliminary Notice
Serve the Notice of Intention to Claim a Construction Lien on the owner at least 10 days before filing the Construction Lien.
Required for all claimants, including prime contractors in privity with the owner.
If the owner demands a statement of account, wait an additional 10 days after providing the statement before filing.
Mechanic Lien
File within 90 days of last furnishing to preserve priority against subsequent purchasers and encumbrancers.
For validity against the owner, file within 3 years of first furnishing.
Best practice: file within 90 days of last furnishing.
Enforcement
Commence suit to foreclose the Construction Lien within 3 years after the lien is filed. If the owner serves the claimant with a written demand to enforce, the claimant must commence suit within 30 days of receipt or the lien lapses.
North Dakota Mechanic Lien Law Overview
North Dakota construction mechanic lien rights are governed by the North Dakota Century Code (NDCC) Chapter 35-27. This statutory framework provides Mechanic's Lien rights to any person who improves real estate by the contribution of labor, skill, or materials, whether under contract with the owner or any agent, trustee, contractor, or subcontractor of the owner.
North Dakota requires claimants to serve a Notice of Intent to perfect mechanic lien on the property owner 10 days before recording the mechanic lien. This pre-filing notice gives the owner an opportunity to address payment disputes before the mechanic lien is recorded. If the owner sends a demand for statement of account, the claimant must wait 10 days after providing the statement before recording the mechanic lien.
All claimants must record a Mechanic's Lien with the county recorder within 90 days of last performance, after giving proper notice to the owner. Suit must be filed within 3 years of recording the Notice of Intention to Claim a Mechanic Lien — one of the longest enforcement windows in the country.
North Dakota public works projects require 100% payment bonds under NDCC Chapter 48-02. National Lien & Bond provides authoritative guidance on every aspect of North Dakota construction mechanic lien compliance.
Topics on This Page
North Dakota Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for North Dakota construction mechanic lien law.
Notice Requirements
Notice of Intent 10 days before recording mechanic lien, owner's demand for statement of account, and public works bond claim 90-day notice
Mechanic Lien Deadlines
90-day mechanic lien recording deadline, Notice of Intent prerequisite, and owner demand response procedures
Mechanic Lien Enforcement Deadlines
3-year suit deadline, waiting periods after notice service, public works bond claim suit within 1 year of project completion
Frequently Asked Questions
What statute governs mechanic liens in North Dakota?
Mechanic's liens are governed by NDCC Chapter 35-27. Public works payment bonds are governed by NDCC Chapter 48-02, requiring 100% payment bonds.
Is a preliminary notice required to file a mechanic lien in North Dakota?
Not at the start of work. However, a Notice of Intent must be served on the owner at least 10 days before recording the mechanic lien under NDCC 35-27-02. If the owner demands a statement of account, an additional 10-day wait applies.
What is the deadline to file a mechanic lien in North Dakota?
All claimants must record a Mechanic's Lien within 90 days of last performance, after giving proper Notice of Intent to the owner at least 10 days before recording.
How does North Dakota mechanic lien law differ from other states?
North Dakota has several unique features: a 3-year suit deadline (one of the longest in the nation), a mandatory 10-day Notice of Intent before recording, an owner's demand for statement of account that triggers additional waiting, very broad mechanic lien eligibility for any person improving real estate, and 100% payment bonds on public works.
What are the notice requirements for North Dakota public works bond claims?
Claimants not in privity with the bond principal must give notice within 90 days of completing their work under NDCC 48-01.2-11. First-tier subcontractors in privity need no notice. Suit must be filed within 1 year of project completion and acceptance.
What is the deadline to file suit to enforce a North Dakota mechanic lien?
Suit must be filed within 3 years of recording the Notice of Intention to Claim a Mechanic Lien. Minimum waiting periods apply: 10 days after personal service, 20 days after registered mail, or 30 days after owner demand.