North Dakota Payment Bond Claim — The 90-Day Remote-Claimant Notice, the $250,000 Bond Threshold and the One-Year Clock From Completion and Acceptance (N.D.C.C. ch. 48-01.2, 2026)
✓ Verified against North Dakota statutes · Reviewed October 2026 · By Michael Evan — Founder · 50 states · 799 rules
North Dakota mechanics lien deadlines at a glance
Preliminary Notice
10 days — Notice of Intent
Mechanics Lien
90 days — From last date of furnishing
Enforcement
3 years — From filing
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Why a North Dakota Public Job Runs on a Bond
On private work in North Dakota, an unpaid sub or supplier records a construction lien with the county recorder within 90 days after its contribution is done, as covered in the North Dakota notice of intention guide . A Fargo Public Schools addition, an NDSU or UND research building, a Bismarck water treatment upgrade or a county courthouse is different. Public property cannot be sold to pay a contractor’s bills, so the construction lien does not reach it. The protection is the bond the governing body takes from the prime before work starts. North Dakota’s Little Miller Act sits in the public improvement chapter, N.D. Cent. Code ch. 48-01.2 . Section 48-01.2-10 requires the bond, 48-01.2-11 sets the right to sue and the notice rule, and 48-01.2-12 sets the one-year bar. The structure tracks the federal Miller Act: remote claimants give a 90-day notice to the prime, everyone waits 90 days before suing, and the bond secures labor and material bills. The difference is the suit clock, which runs from the owner’s completion and acceptance of the project, not from the claimant’s last day on the job. The Mechanics Lien Management Method treats every North Dakota public job as two calendars. Your notice clock starts when you finish your contribution. The suit clock starts when the governing body accepts the project. Both have to be tracked from day one.
The Bond: Over $250,000, at Least the Contract Price
Under § 48-01.2-10, unless chapter 48-01.2 provides otherwise, a governing body that enters a contract for the construction of a public improvement in excess of $250,000 must take a bond from the contractor before permitting any work on the contract. The bond must be for at least the price stated in the contract . Delivery method changes the paperwork. Under § 48-01.2-23, on an agency construction manager project each contractor provides its own bond for its portion of the work. On a construction manager at-risk project, the governing body may not require each contractor to provide a separate bond. Find out which bond covers the contractor you are working under before you send anything.
The 90-Day Notice: Remote Claimants Only, to the Contractor Only
Section 48-01.2-11 splits claimants into two groups. A sub or supplier with a contract directly with the bonded contractor owes no notice. A person with a direct contract with a subcontractor , and no contract with the contractor furnishing the bond, has no claim on the bond unless it gives written notice to the contractor within 90 days from the date it completed its contribution. The usual remote claimant is a supplier selling to a sub, such as a rebar fabricator supplying a concrete sub on a Williston school, or a second-tier crew under a mechanical contractor. Winter shutdowns complicate the date. If your last delivery was in November and the sub resumes installation in April, the 90 days most likely ran from November. Calendar from your own delivery records.
The 90-Day Wait and the One-Year Bar
Under § 48-01.2-11, any person who furnished labor or material on a bonded public improvement and has not been paid in full within 90 days after completing its contribution may sue on the bond for the amount unpaid when the suit is filed. That waiting period applies to first-tier and remote claimants alike. Under § 48-01.2-12, any claim on which suit is not commenced within one year after completion and acceptance of the project is barred as a lien or claim against the contractor and its surety. The same section preserves a claimant’s right to pursue the subcontractor it dealt with, which is a contract claim and not a bond claim. The chapter does not say how acceptance is documented, so get the date from the governing body’s records, such as the board minutes or the final pay estimate. Interest builds into the claim. Because the bond condition includes § 13-01-14 interest on bills not paid within 90 days, the demand should state the principal and the date each invoice went unpaid. If the acceptance date is unclear and the anniversary is near, take the file to a North Dakota construction attorney rather than guess.
NDDOT Highway Jobs Use a Separate 180-Day Claim
Highway contracts awarded by the Department of Transportation under § 24-02-23 have their own claim provision. Under § 24-02-25.1 , a person who furnished labor, materials or supplies and has not been paid in full at the department’s final acceptance may file a claim against the contractor and the surety furnishing the performance bond. The written notice goes to the contractor or the surety. It gives a clear and concise statement of the labor, materials and supplies furnished, to whom, and their dollar value. It is sent by certified mail , postage prepaid, to the contractor at an office or residence, and posted within 180 days after the claimant completed its contribution. The claim bears interest on each transaction starting 30 days after the last transaction, at the rate set by § 28-20-34. Section 24-02-25.1 does not itself set a deadline to sue. Until counsel confirms otherwise for your contract, the conservative practice is to send the highway claim well inside 180 days and calendar suit inside one year of final acceptance.
Every North Dakota Public-Project Deadline in One Table
The Mechanics Lien Management State System calendars the 90-day remote notice and the 90-day waiting period from the completion date you enter, and the one-year suit clock from completion and acceptance. Private-work rules are on the North Dakota lien statutes page, and the calculator is on the North Dakota mechanics lien hub . Work at Minot Air Force Base, Grand Forks Air Force Base and other federal facilities runs under the federal Miller Act. The mechanics lien vs. bond claim page compares the systems. The federal suit clock counts from the claimant’s own last furnishing, not from project acceptance, so a supplier on both state and federal jobs needs two calculations.
Get the Bond, Send the Notice, Track Acceptance
North Dakota Public Improvement Workflow Confirm the contract is over $250,000 and request the bond. If your customer is a subcontractor, send the 90-day notice to the prime by registered mail after you finish. Ask the governing body for the acceptance date. Sue after 90 days unpaid and within one year of completion and acceptance. Pair it with these resources: Because the claim may end in a suit against the surety, connect early with a North Dakota construction attorney through the Mechanics Lien Management network, or request a formal attorney review of the claim file.
Your Notice Clock Starts When You Finish
The Mechanics Lien Management deadline calculator tracks the 90-day notice, the 90-day wait and the one-year suit clock on every North Dakota public job. Miss the deadline and you lose your claim rights entirely.
Frequently Asked Questions
What is the deadline for a North Dakota payment bond claim notice?
Ninety days from the date the claimant completed its contribution of labor or material. Under N.D. Cent. Code § 48-01.2-11, a claimant with a direct contract with a subcontractor but no contract with the contractor that furnished the bond has no claim on the bond unless it gives that contractor written notice within the window, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed.
Does a first-tier subcontractor have to send a North Dakota bond notice?
No. The § 48-01.2-11 notice applies only to remote claimants, those in contract with a subcontractor and not with the bonded contractor. A subcontractor or supplier hired directly by the prime owes no statutory notice on a chapter 48-01.2 job. It still waits until 90 days have passed unpaid after completing its contribution before suing, and it must sue within one year after completion and acceptance of the project.
How is the North Dakota bond notice delivered?
By registered mail, in an envelope addressed to the contractor at any place it maintains an office, conducts business or has a residence (N.D. Cent. Code § 48-01.2-11). The statute names only the contractor. It does not require notice to the surety or the governing body, although sending copies to both is inexpensive and helps when the prime stops responding.
When is the deadline to sue on a North Dakota public improvement bond?
Within one year after completion and acceptance of the project. Under N.D. Cent. Code § 48-01.2-12, a claim on which suit is not commenced in that year is barred as a lien or claim against the contractor and its surety. The clock runs from the public owner's acceptance of the whole project, not from the claimant's last delivery, so ask the governing body for the acceptance date in writing.
Which North Dakota public contracts require a bond?
Unless chapter 48-01.2 provides otherwise, a governing body that contracts for construction of a public improvement over $250,000 must take a bond from the contractor before any work is done (N.D. Cent. Code § 48-01.2-10). The bond must equal at least the contract price, runs to the governing body, and is conditioned on payment of all labor, supply and material bills, with interest on bills not paid within 90 days.
Are North Dakota DOT highway contracts handled differently?
Yes. On contracts awarded by the Department of Transportation under § 24-02-23, a person unpaid at the department's final acceptance may file a claim against the contractor and the surety on the performance bond (N.D. Cent. Code § 24-02-25.1). The written notice states the labor, materials and supplies furnished, to whom, and their value, and is sent by certified mail to the contractor within 180 days after the claimant completed its contribution.
Can I record a construction lien on a North Dakota school or city project instead?
No. The chapter 35-27 construction lien is a private-property remedy, and it does not attach to public property. On a school district, North Dakota University System, city or county project, the security is the contractor's bond under chapter 48-01.2. Federal work at Minot Air Force Base or Grand Forks Air Force Base runs under the federal Miller Act instead.