North Dakota Mechanic's Lien Guide

Written notice that a lien will be claimed must be given to the legal or equitable owner of the real estate by certified mail at least 10 days before recording the construction lien (N.D.C.C. § 35-27-02). Because North Dakota is an unpaid-balance state, the owner may withhold from the contractor amounts needed to satisfy your claim once notice is served, so serving the notice promptly can protect the funds available to pay your lien.

The lien must be recorded with the county recorder within 90 days after all of the claimant's contribution is done, stating the property description, amount due, the dates of first and last contribution, and the party with whom you contracted. North Dakota is an unpaid-balance state: as a subcontractor, your lien is limited to the difference between what the owner has already paid and the price or value of your contribution. If the owner has paid the full contract price and has a valid lien waiver, no lien is allowed. An action to enforce the lien must be commenced and a lis pendens recorded within 3 years after the lien is recorded, or the lien is deemed satisfied.