North Dakota Mechanics Lien — Deadlines and Filing Guide
North Dakota mechanics lien law under N.D. Cent. Code §§ 35-27-01 through 35-27-26 gives contractors, subcontractors, and suppliers lien rights for unpaid construction work. The deadline to file a North Dakota mechanics lien is 90 days from last furnishing. Post-filing service by registered mail is required within 30 days. Enforcement must begin within 3 years of filing — one of the longest enforcement windows in the country.
North Dakota Mechanics Lien Deadlines
North Dakota mechanics lien deadlines give all claimants 90 days from the last date of furnishing labor or materials to file a lien with the Clerk of District Court in the county where the property is located under N.D. Cent. Code § 35-27-05. North Dakota does not require a preliminary notice before filing. However, within 30 days of filing, the claimant must serve notice by registered mail on the property owner. The enforcement deadline is 3 years from the date the lien is filed.
North Dakota Clerk of District Court Filing
North Dakota mechanics liens are filed with the Clerk of District Court — not a county recorder — in the county where the project property is located. North Dakota has 53 counties. Major North Dakota construction markets include Cass County (Fargo), Burleigh County (Bismarck), Grand Forks County (Grand Forks), Ward County (Minot), and Williams County (Williston). Use the Mechanics Lien Management State System to identify the correct Clerk of District Court.
North Dakota Mechanics Lien Enforcement
North Dakota mechanics liens must be enforced by filing a lawsuit within 3 years of the lien filing date under N.D. Cent. Code § 35-27-16. North Dakota's 3-year enforcement window is one of the longest in the United States. The 30-day post-filing service requirement by registered mail is mandatory. Track the 90-day filing deadline, the 30-day post-filing service requirement, and the 3-year enforcement deadline using Mechanics Lien Management.
Frequently Asked Questions
How long do you have to file a mechanics lien in North Dakota?
In North Dakota, the deadline to file a mechanics lien is 90 days from the last date of furnishing labor or materials under N.D. Cent. Code § 35-27-05.
Does North Dakota require a preliminary notice?
No preliminary notice is required before filing. However, within 30 days of filing the lien, the claimant must serve notice by registered mail on the property owner.
Where do you file a mechanics lien in North Dakota?
North Dakota mechanics liens are filed with the Clerk of District Court in the county where the property is located. North Dakota has 53 counties.
How long does a North Dakota mechanics lien last?
After filing, a North Dakota mechanics lien must be enforced by filing a lawsuit within 3 years of the filing date — one of the longest enforcement windows in the country.