North Dakota Notice Requirements
Notice Obligations for Private Works & Public Projects Under NDCC Chapter 35-27
Notice of Intent — 10 Days Before Recording Mechanic Lien (NDCC 35-27-02)
All claimants — contractors, subcontractors, and material suppliers — must give a Notice of Intent to perfect the mechanic lien to the property owner after furnishing material or labor and at least 10 days before recording the mechanic lien. NDCC Chapter 35-27-02.
This pre-filing notice is mandatory and serves as a final warning to the owner that a mechanic lien will be recorded if payment is not made. The 10-day waiting period gives the owner an opportunity to resolve the payment dispute before the mechanic lien appears in the public records.
Owner's Demand for Statement of Account (NDCC 35-27-09)
If the property owner sends a demand for a statement of account, the claimant must provide the statement and then wait an additional 10 days after providing it before recording the mechanic lien. This additional waiting period applies on top of the initial 10-day Notice of Intent requirement.
The owner's demand triggers an obligation to disclose the full amount claimed and the basis for the claim. Failure to respond to the demand or to wait the required 10 days may affect the validity of the mechanic lien.
No General Preliminary Notice Required
Unlike many states, North Dakota does not require a preliminary notice (such as a notice to owner or pre-lien notice) at the start of work. The only required notice is the Notice of Intent served 10 days before recording the mechanic lien itself. This simplifies the process but also means claimants must be vigilant about the 90-day filing deadline.
Public Works — 90-Day Notice of Claim on Bond (NDCC 48-01.2-11)
On North Dakota public works projects, claimants not in privity with the principal on the bond must give notice within 90 days of completing their work under NDCC 48-01.2-11. Without this notice, there is no right to a bond claim.
Claimants in privity with the principal (first-tier subcontractors) are not required to give notice before filing suit on the bond.
Frequently Asked Questions
Is a preliminary notice required to file a mechanic lien in North Dakota?
Not at the start of work. However, all claimants must serve a Notice of Intent to perfect the mechanic lien on the owner at least 10 days before recording the mechanic lien. This is a pre-filing requirement, not a preliminary notice at the start of work.
What is the owner's demand for statement of account in North Dakota?
Under NDCC 35-27-09, if the owner demands a statement of account, the claimant must provide it and then wait 10 days after providing the statement before recording the mechanic lien. This extends the waiting period beyond the standard 10-day Notice of Intent.
What notice is required 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. Without this notice, there is no right to claim on the bond. First-tier subcontractors in privity need no notice.
Who must serve the Notice of Intent in North Dakota?
All claimants — contractors, subcontractors, materialmen, and any person who improves real estate by the contribution of labor, skill, or materials — must serve the Notice of Intent 10 days before recording the mechanic lien.
Can the owner extend the waiting period before a mechanic lien is recorded?
Yes. By sending a demand for statement of account, the owner triggers an additional 10-day waiting period after the claimant provides the statement. This effectively extends the time before the mechanic lien can be recorded.
Related North Dakota Resources
Explore other critical compliance areas for North Dakota construction mechanic lien law.
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
North Dakota Overview
Return to the main North Dakota construction mechanic lien law page