North Dakota Lien Laws

North Dakota’s lien laws protect builders and other commercial construction outfits from losing unpaid wages or supplies costs in the event of non-payment by project owners. In order to preserve the right to lien on a property, individuals must closely adhere to the notification and filing protocol in the state of North Dakota.

Primary Contractors in North Dakota

Primary contractors are required to offer notice to owners and record this notice with the register of deeds. Notice to owner should be served and indicate lien will be perfected if non-payment extends for more than fifteen (15) days. Primary contractors making claim of lien must register with register of deed and serve lien claim to owners no later than ninety (90) days from last day that service or materials were provided by prime contractor. Notice of intention to enforce lien must take the form of registered mail delivered to owner no less than twenty (20) days prior to taking action or ten (10) days prior if owner personally served. Any action to enforce lien claims on behalf of primary contractor must take place no later than three (3) years after date of recording notice of intent to claim lien. If owner gives written notice to prime contractor, action to foreclose must begin no more than thirty (30) days later.

Sub Contractors in North Dakota

In the state of North Dakota, sub contractors follow to same notice, filing, and action procedures as prime contractors. The main elements of these North Dakota lien laws include:

  • Serve notice to owner and register of deeds, which should note intent to make claim on lien in event of non-payment lasting longer than fifteen (15) days
  • Lien claims must be registered and served to owner no longer than ninety (90) days after the last day on jobsite
  • Notice of intention to enforce lien must be delivered via registered mail or personally, with a mandatory number of days before initiating action, which are twenty (20) and ten (10) days respectively
  • Action to enforce lien claim must occur within three (3) years of recording notice of intent to take action on lien claims
  • If written notice received by owner, lien holders have thirty (30) days to initiate action to enforce lien claims

Materials Suppliers in North Dakota

In the state of North Dakota, materials suppliers follow the same procedures and schedule of deadlines as prime contractors and sub contractors when establishing their stake in lien claims and taking action on these claims.

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