Mechanics Lien Deadlines in North Dakota
In North Dakota, a construction lien must be recorded within 90 days after the claimant's contribution is done, written notice that a lien will be claimed must be sent to the owner at least 10 days before recording, and suit with a lis pendens must be started within 3 years after recording (or within 30 days after an owner's written demand).
Last checked . General information, not legal advice.
North Dakota at a glance
- Deadline to record lien
- 90 days after contribution is done
- Late filing does not defeat the lien except against good faith purchasers or encumbrancers and owner payments made before recording; no lien may be filed more than 3 years after first furnishing.
- Preliminary notice required
- Yes (notice of intent 10 days before recording)
- Written notice that a lien will be claimed must go to the owner by certified mail at least 10 days before the lien is recorded.
- Deadline to enforce lien
- 3 years after recording (30 days after demand)
- Suit and lis pendens are due within 30 days after the owner delivers and files a written demand.
The rules in North Dakota
How long does a contractor have to file a mechanics lien in North Dakota?
Deadline to record lien in North Dakota: 90 days after contribution is done. Late filing does not defeat the lien except against good faith purchasers or encumbrancers and owner payments made before recording; no lien may be filed more than 3 years after first furnishing.
Is a preliminary notice required before filing a mechanics lien in North Dakota?
Yes (notice of intent 10 days before recording). Preliminary notice required in North Dakota: yes (notice of intent 10 days before recording). Written notice that a lien will be claimed must go to the owner by certified mail at least 10 days before the lien is recorded.
How long do you have to foreclose a mechanics lien in North Dakota?
Deadline to enforce lien in North Dakota: 3 years after recording (30 days after demand). Suit and lis pendens are due within 30 days after the owner delivers and files a written demand.
Where do the North Dakota mechanics lien deadlines come from?
The rules above come from N.D. Cent. Code 35-27-13, N.D. Cent. Code 35-27-02, N.D. Cent. Code 35-27-14 and N.D. Cent. Code 35-27-25. Each source is linked on this page. We last checked them in October 2026.
What this means in practice
Deadlines often differ by role. The period for a general contractor who dealt directly with the owner can be different from the period for a subcontractor or supplier, and residential projects can have their own rules. Check which category fits before relying on a single number.
The event that starts the clock matters as much as the length of the period. Depending on the statute, it can be the last day labor or materials were furnished, completion of the project, or the recording of a notice of completion or commencement by the owner. Keeping dated records of the last work performed helps establish the start date.
Recording a lien is not the end of the process. If the debt is not paid, the claimant generally has to file a lawsuit to foreclose the lien within the enforcement period, or the lien expires. When the debt is paid, the owner will usually want a signed lien release recorded so the title is clear.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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