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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of North Dakota's mechanic's lien laws to help you protect your right to payment.
Not required
Not required
Not required
Required to send a written notice via certified mail at least 10 days before recording a lien
Required to send a written notice via certified mail at least 10 days before recording a lien
Required to send a written notice via certified mail at least 10 days before recording a lien
Within 90 days after all contributions are complete
Within 90 days after all contributions are complete
Within 90 days after all contributions are complete
Within 3 years after recording, but can be shortened to 30 days by owner demand
Within 3 years after recording, but can be shortened to 30 days by owner demand
Within 3 years after recording, but can be shortened to 30 days by owner demand
Unpaid contract price with the owner
Unpaid value of labor, materials, or services furnished
Unpaid wages for labor performed
Governed by North Dakota Century Code Chapter 35-27, mechanic's lien rights in North Dakota apply only to private construction projects. (Public projects cannot be liened; payment disputes are handled through a payment bond claim under North Dakota's public improvement statutes, not through a mechanic's lien.)
North Dakota is relatively unique in that it:
- Requires a 10-day Notice of Intent to Lien (NOI) before recording for all claimants;
- Requires an additional 10- to 20-day enforcement notice for all claimants before a lawsuit can begin; and
- Maintains a long enforcement window of three years, though owners have the power to shorten this window to just 30 days by serving a formal written demand to sue.
Let's get into it.
Under N.D.C.C. § 35-27-02, lien rights extend to any party improving real estate under a contract with the owner or their agent, contractor, or subcontractor. This includes:
- General (original) contractors
- Subcontractors at any tier
- Material and fixture suppliers
- Laborers and tradespeople
- Equipment lessors (for qualifying use value)
- Design professionals, including architects, engineers, and surveyors
To qualify for a lien, the work must provide a permanent "improvement" to a property. In North Dakota, improvement is defined as any contribution of labor, services, or materials that results in a permanent benefit to the real estate (N.D.C.C. § 35-27-01).
Here are some examples of what’s considered lienable and what isn’t.
Lienable Work in North Dakota
- Construction, alteration, repair, or demolition of buildings or structures
- Excavation, grading, seeding, sodding, or landscaping
- Installation of fences, wells, drains, pipes, wires, curbs, gutters, paving, or sidewalks
- Architectural, engineering, surveying, mapping, soil testing, and construction staking services
- Materials and fixtures incorporated into the improvement
- Reasonable use value of tools, appliances, machinery, or equipment used on-site (excluding hand tools)
Non-Lienable Work in North Dakota
- Work on public projects
- Hand tools
- Work performed without the owner's authorization when the owner timely objects
- Services or materials governed by North Dakota’s oil and gas lien statutes (N.D.C.C. § 35-24)
- Mingled charges for materials used on different owners’ properties
Before filing a lien in North Dakota, make sure you’ve met any Notice of Intent (NOI) requirements that apply to your role (see table above).
Deadline to File
- All claimants: Record the lien within 90 days of completing all contributions.
- Late filing: A lien filed after 90 days remains valid but is subordinate to any purchasers or encumbrancers whose rights accrue before the filing. However, no lien may be recorded more than three years after the first item is furnished (N.D.C.C. § 35-27-14).
Filing Requirements
- Filing location: Record the lien with the county recorder in the county where the property is located.
- Form requirements: North Dakota doesn’t provide a statutory form, but the filing must include:
- Claimant’s name and address
- Owner’s name and address
- Legal description of the property
- Amount claimed
- Dates of first and last contribution
- Name of the party you contracted with
- A specific 16-point font statement if the lien is for a wind turbine facility (N.D.C.C. § 35-27-13)
- Verification: The lien must be signed and verified by the claimant.
- Filing fee: Varies; set by each county recorder.
Service Requirements
North Dakota does not impose a separate requirement to serve the recorded lien itself. “Service” is effectively handled through the required Notice of Intent to Claim Lien, which must be sent to the property owner at least 10 days before filing the mechanic’s lien (N.D.C.C. § 35-27-02(4)).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in North Dakota.
Enforcement Requirements
- Pre-enforcement notice: Claimants must serve a Notice of Intention to Enforce on the owner at least 10 days before filing suit (if served personally) or 20 days (if sent by registered mail) (N.D.C.C. § 35-27-24).
- Enforcement deadline: File a foreclosure lawsuit and record a lis pendens within three years after recording the lien. If the owner serves a written demand to sue, you must file the lawsuit and record a lis pendens within 30 days after the demand’s delivery date (or the lien is forfeited).
- Filing location: File with the District Court in the county where the property is located.
- Lien priority: Generally based on the date the first labor or material was furnished. Liens filed within the 90-day window are prioritized based on role: (1) manual labor, (2) materials, (3) subcontractors, and (4) original contractors. Liens filed after the 90-day period have priority in the order they’re filed.
Lien Release Requirements
There is no clean, standalone lien release procedure described in North Dakota’s statutes. Once the underlying debt is paid or the lien is otherwise resolved, best practice is to record a written satisfaction or release of lien with the county recorder to clear the property’s title.
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In most cases, no. Even though the lien law itself doesn’t mention licensing, North Dakota law generally doesn’t allow unlicensed contractors to pursue payment for work that requires a license. If you’re unsure about whether licensing applies to your scope of work, it’s always a good idea to check with a construction attorney.
Yes. North Dakota lien rights extend to anyone who improves real estate under a contract with the owner's agent, contractor, or any tier of subcontractor—as long as the mandatory notice and filing deadlines are met.
Yes, the enforcement window can be shortened if the owner serves you with a formal written demand to sue. If this happens, your window to enforce the lien shrinks to just 30 days from the date of receiving the demand. Miss that window, and your lien expires (N.D.C.C. § 35-27-25).
Yes. According to N.D.C.C. § 35-27-02(4), every single claimant—from the GC down to the suppliers—must send a Notice of Intent to Claim Lien to the property owner at least 10 days prior to recording a lien. The notice must be sent via certified mail.
No, North Dakota doesn’t require a preliminary notice at the start of work.
No, North Dakota doesn’t provide a statutory lien waiver form. However, every state has its own set of lien waiver rules; brush up on North Dakota’s in our handy lien waiver guide.
In North Dakota, you can lien for the unpaid "price or value of the contribution" provided to the permanent improvement. The lien amount must reflect:
- The unpaid contract balance for work performed
- The reasonable value of labor, materials, and services (if no fixed contract price exists)
- Wages earned by laborers
- The reasonable rental value of machinery or equipment used on-site, excluding hand tools
You generally cannot include attorney fees, interest, or consequential damages in the lien amount itself.
Furthermore, be extremely careful with your math: if an owner successfully contests the accuracy of your lien amount in court, you must pay their full legal fees and costs (see N.D.C.C. § 35-27-24.1).
No. North Dakota law explicitly defines a “contract” as any agreement for improving real property, whether it is “written or unwritten, express or implied.” That said, having a written contract is considered best practice to prevent disputes over pricing and the scope of work.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.