North Dakota Mechanics Lien Statutes: Deadlines, Venues & Citations
Where North Dakota liens are filed and enforced
A North Dakota mechanics lien is filed with the County Recorder in the county where the project sits — 90 days from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and North Dakota claimants lose rights far more often by missing the second one than the first.
North Dakota deadlines by claimant role
For general contractors: Record the lien — 90 days from last furnishing (NDCC § 35-27-07). For subcontractors and suppliers: Record the lien — 90 days from last furnishing (NDCC § 35-27-07); file suit — 3 years from lien recorded (NDCC § 35-27-22); bond notice — 90 days from last furnishing (NDCC § 48-02-18); file suit — 1 years from last furnishing (NDCC § 48-02-18); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)); file suit miller act — 1 years from last furnishing (40 U.S.C. § 3133(b)(1)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to North Dakota
File mechanic's lien within 90 days of last furnishing of labor or materials. No preliminary notice required. File mechanic's lien within 90 days of last furnishing. File suit to enforce lien within 3 years of recording. Written notice within 90 days of last furnishing on public works projects. No lien on public property. File suit on payment bond within 1 year of last furnishing. Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year. Public: prime must pay sub within 30 days of receiving payment. Interest accrues on late public payments.
How North Dakota notices must be served
North Dakota requires 10 days — Notice of Intent. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested. Service runs to the Prime Contractor and Surety. Keep the proof of service in the project file — North Dakota disputes over whether a notice was properly served are decided on that documentation.
Public projects in North Dakota
No lien attaches to public property in North Dakota. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (NDCC § 48-02-18). 5 public-project deadlines are tracked for North Dakota.
North Dakota statute citations
The North Dakota deadlines above come from NDCC § 35-27-07, NDCC § 35-27-22, NDCC § 48-02-18, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), NDCC § 13-01.1-08, NDCC § 48-02-18.1. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed North Dakota construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in North Dakota?
90 days — From last date of furnishing. The filing goes to the County Recorder in the project's county. See NDCC § 35-27-07. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in North Dakota?
With the County Recorder in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does North Dakota require a preliminary notice?
Yes — 10 days. Notice of Intent. Accepted service includes Certified Mail, Return Receipt Requested.
How long do you have to enforce a North Dakota mechanics lien?
3 years — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in North Dakota?
Retainage released within 30 days of substantial completion. 10% maximum retainage. (NDCC § 48-02-18.1).