How to File a Mechanics Lien in North Dakota
Step 1 — Confirm you have lien rights in North Dakota
North Dakota's recorded rules cover general contractors, subcontractors and suppliers (NDCC § 35-27-07). Each of those roles has its own filing window — see Step 3. North Dakota rule detail: File mechanic's lien within 90 days of last furnishing of labor or materials. No preliminary notice required.
Step 2 — Send the North Dakota preliminary notice
North Dakota requires a preliminary notice 10 days, notice of intent (NDCC § 35-27-22). It is a precondition, not a formality. It must reach County Recorder and Prime Contractor and Surety and Prime Contractor. Delivery: Certified Mail, Return Receipt Requested. North Dakota rule detail: File mechanic's lien within 90 days of last furnishing.
Step 3 — Your North Dakota filing deadline
North Dakota sets the window by claimant role: • General contractors: within 90 days of your last day of work or materials. • Subcontractors and suppliers: within 90 days of your last day of work or materials. The clock runs from last date of furnishing — not your invoice date. Punch-list and warranty callbacks generally do not restart it. North Dakota rule detail: File suit to enforce lien within 3 years of recording.
Step 4 — Prepare and record the lien in North Dakota
Record in the county where the property sits, under NDCC § 48-02-18. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. North Dakota rule detail: Written notice within 90 days of last furnishing on public works projects. No lien on public property.
Step 5 — Serve the recorded North Dakota lien
North Dakota requires service on County Recorder and Prime Contractor and Surety and Prime Contractor. Use Certified Mail, Return Receipt Requested and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. North Dakota rule detail: File suit on payment bond within 1 year of last furnishing.
Step 6 — Enforce before the North Dakota deadline expires
You must sue to foreclose within 3 years (filing) (40 U.S.C. § 3133(b)(2)). Miss it and the lien expires and title clears, leaving only a contract claim. North Dakota rule detail: Second-tier claimants only. No notice = no bond claim.
Retainage rules that affect your North Dakota claim
North Dakota treats retainage on its own schedule (NDCC § 48-02-18.1), so money still held back may have a different due date than your progress billings. North Dakota rule detail: File no sooner than 90 days AND no later than 1 year.
Other North Dakota requirements that void liens
• Public: prime must pay sub within 30 days of receiving payment. Interest accrues on late public payments. • Retainage released within 30 days of substantial completion. 10% maximum retainage. • Public prompt payment: prime must pay sub within 30 days of receiving payment from public owner. Interest accrues on late public payments.
Frequently Asked Questions
How long do I have to file a mechanics lien in North Dakota?
North Dakota requires the lien to be recorded within 90 days, measured from last date of furnishing. The exact window depends on your role — general contractors: within 90 days of your last day of work or materials.
Do I need to send a preliminary notice before filing in North Dakota?
Yes. North Dakota requires a preliminary notice 10 days (notice of intent). Failing to send it on time generally forfeits your lien rights entirely, regardless of how much you are owed.
Where do I file a mechanics lien in North Dakota?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the North Dakota filing deadline?
Your lien rights are extinguished. North Dakota courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in North Dakota?
Once recorded, you must file suit to enforce within 3 years (filing). If you do not, the lien expires automatically and no longer clouds the property's title.