ND · Mechanics Lien Law
North Dakota Mechanics Lien Law: Deadlines, Notices & Filing Guide
North Dakota mechanics liens must be recorded within 90 days of last furnishing under N.D. Cent. Code §§ 35-27-13 and 35-27-14, with public bond claims governed by Ch. 48-01.2. The 10-day pre-recording Notice of Intent and the three-year foreclosure window are both critical dates to track.
North Dakota mechanics lien deadlines at a glance
North Dakota has no statutory requirement for a preliminary notice to preserve mechanics lien rights. It does, however, require a Notice of Intent to be served on the owner at least 10 days before the lien itself is recorded, which functions as a practical substitute step in the process.
A North Dakota mechanics lien must generally be recorded within 90 days of last furnishing under N.D. Cent. Code §§ 35-27-13, 35-27-14. A Notice of Intent to Lien must be served on the owner at least 10 days before recording, and while late filings remain possible up to three years after work began, they are subordinated to any interests recorded earlier.
Foreclosure must be commenced within three years of recording, with a lis pendens recorded within that same window, and a pre-suit warning served at least 10 days ahead if delivered personally or 20 days ahead by registered mail. If the owner serves a written demand to enforce, the claimant then has only 30 days to file suit or the lien is forfeited.
On North Dakota public projects, a bond claim notice must reach the prime contractor within 90 days of last furnishing, extended to 180 days for NDDOT projects. The notice is mandatory for lower-tier claimants and simply recommended for those contracting directly with the general contractor.
Primary statute
N.D. Cent. Code §§ 35-27-13, 35-27-14 · N.D. Cent. Code Ch. 48-01.2
Who can file a mechanics lien in North Dakota?
Contractors, subcontractors, sub-subcontractors, material suppliers, and qualifying design professionals may claim a mechanics lien for labor, materials, or services furnished to a North Dakota improvement.
Overview of North Dakota lien practice
North Dakota's lien statute layers several distinct timing requirements on top of one another, which makes careful calendaring essential. The core recording deadline is 90 days after last furnishing under N.D. Cent. Code §§ 35-27-13 and 35-27-14, but claimants must also serve a Notice of Intent at least 10 days before recording — a step that is easy to overlook if the focus is solely on the 90-day figure. Late filings remain technically possible for up to three years after work began, but they are subordinated to any interests already recorded, which can render them practically worthless against a subsequent purchaser or lender. Once a lien is recorded, foreclosure must begin within three years, alongside a lis pendens, and an owner's written demand to enforce compresses that timeline dramatically to just 30 days. Public project claimants face a parallel but separate 90-day (or 180-day for NDDOT work) bond notice deadline under Chapter 48-01.2. As always, confirming the correct owner of record and recording in the right county remain basic prerequisites to a valid claim, and federal property is never lienable.
Common pitfalls on North Dakota projects
Skipping the pre-recording Notice of Intent
A Notice of Intent must reach the owner at least 10 days before the lien is recorded, and this step is easy to miss when focused on the 90-day recording deadline.
Relying on the late-filing extension
Filings made after 90 days but within three years of work beginning are allowed but rank behind any interests recorded earlier, undermining their practical value.
Ignoring an owner's enforcement demand
If the owner serves written demand to enforce the lien, the claimant has only 30 days to file suit or the lien is lost entirely.
Assuming public bond deadlines never change
The standard 90-day bond claim notice period extends to 180 days on NDDOT projects, so claimants should confirm which agency is involved before assuming the shorter deadline applies.
North Dakota mechanics lien FAQs
When must a mechanics lien be recorded in North Dakota?
The lien must generally be recorded within 90 days of last furnishing, and a Notice of Intent must be served on the owner at least 10 days before recording. Late filings are possible up to three years after work began but are subordinate to interests recorded earlier.
Is preliminary notice required in North Dakota?
There is no statutory preliminary notice requirement in North Dakota, though the Notice of Intent that must precede recording by at least 10 days serves a similar practical function.
How long do I have to enforce a lien in North Dakota?
Foreclosure must be commenced within three years of recording, with a lis pendens filed in the same window; an owner's written demand to enforce shortens the deadline to just 30 days.
What about North Dakota public projects?
Bond claim notice must be served on the prime contractor within 90 days of last furnishing, extended to 180 days for NDDOT projects, and is mandatory for lower-tier claimants.
Filing a North Dakota mechanics lien or bond claim?
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.