North Dakota Mechanic Lien Filing Deadlines

Mechanic's Lien — 90-Day Filing Deadline

Under North Dakota law, all claimants must give proper notice to the property owner and record the Mechanic's Lien with the recorder of the county in which the property lies within 90 days of last performance of labor or furnishing of materials.

The 90-day deadline runs from the date of the claimant's last contribution of labor, skill, or materials to the improvement. The mechanic lien must be recorded in the county where the property is located.

Prerequisite: Notice of Intent (NDCC 35-27-02)

Before recording the mechanic lien, claimants must serve a Notice of Intent on the property owner at least 10 days before recording. If the owner sends a demand for statement of account under NDCC 35-27-09, the claimant must wait an additional 10 days after providing the statement.

These waiting periods must be factored into the 90-day filing deadline. A claimant who waits too long to serve the Notice of Intent may find that the required waiting periods extend beyond the 90-day filing window.

Broad Eligibility for Mechanic Lien Rights

North Dakota provides mechanic lien rights to any person who improves real estate by the contribution of labor, skill, or materials, whether under contract with the owner of real estate or any agent, trustee, contractor, or subcontractor of the owner. This broad eligibility ensures that claimants at all tiers of the construction chain may file mechanic liens.

Recording Requirements

The Mechanic's Lien must be recorded with the recorder of the county in which the property lies. The mechanic lien should include the amount claimed, a description of the property, the name of the owner, and a description of the labor, skill, or materials furnished.