Mechanic's Lien Deadlines & Notice Requirements in North Dakota
At a glance
| Governing law | N.D. Cent. Code ch. 35-27, Construction Lien; homestead exception in § 47-18-04(1). |
|---|---|
| Who can claim a lien | A person improving real estate by contract with the owner or an owner’s agent, trustee, contractor, or subcontractor may claim; § 35-27-01 includes design and surveying services (§ 35-27-02(1)). |
| Preliminary notice | Written notice that a lien will be claimed must go to the owner by certified mail at least 10 days before recording (§ 35-27-02(4)); the subsection begins with a claimant dealing through an intermediary. |
| Deadline to file the lien | Record within 90 days after all the claimant’s contribution is done (§ 35-27-13). Late filing has specified priority/payment consequences; no filing more than three years after the first item of material is furnished (§ 35-27-14). |
| Notice of completion effect | The chapter measures the filing period from the claimant’s completed contribution (§ 35-27-13); § 35-27-09 separately lets an owner request an itemized verified account after contract completion. |
| Serving the lien on the owner | Certified-mail notice of a claimed lien goes to the legal or equitable owner at least 10 days before recording (§ 35-27-02(4)); § 35-27-24 adds separate notice before enforcement. |
| Deadline to sue to foreclose | Sue and record lis pendens within three years after lien recording; a qualifying owner demand requires both within 30 days after delivery (§ 35-27-25). Give 10-day personal or 20-day registered-mail notice before enforcement (§ 35-27-24). |
| Homestead/residential extras | A homestead may be sold for debts secured by construction, mechanic’s, or laborers’ liens for improvement work or material furnished exclusively for it (§ 47-18-04(1)). |
Requirements one by one
Covered work and preliminary notice
Section 35-27-02(1) covers a person improving real estate under a contract with the owner or through an agent, trustee, contractor, or subcontractor. The definition of “improve” in § 35-27-01 includes architectural, engineering, surveying, mapping, and soil-testing services. Section 35-27-02(4) says written notice that a lien will be claimed must be given to the legal or equitable owner by certified mail at least 10 days before recording. Its preceding sentence addresses a person contracting through an intermediary, so the text warrants care when applying the notice sentence to a direct contractor.
Record the lien
Section 35-27-13 directs a claimant to record with the county recorder within 90 days after all of that claimant's contribution is done. Section 35-27-14 makes a later lien ineffective against good-faith purchasers or encumbrancers whose rights arose before filing and against the owner to the extent already paid to a contractor. The same section bars filing more than three years after the first item of material is furnished. A recorded owner notice of completion is not the statutory trigger for this period; § 35-27-09 instead lets an owner request a verified account after contract completion.
Enforce the lien
Before enforcement, § 35-27-24 requires notice of intent to the owner at least 10 days before suit by personal service or 20 days by registered mail. Section 35-27-25 requires both an action and a recorded lis pendens within three years after recording the lien. If the owner delivers and records a written demand meeting that section's requirements, the claimant has only 30 days after delivery to do both.
Homestead property
Section 47-18-04(1) makes a homestead subject to forced sale on a debt secured by a mechanic's, construction, or laborer's lien for work or material furnished exclusively to improve that homestead.
What trips people up
The two three-year periods start at different points: the outer filing bar in § 35-27-14 runs from the first item of material furnished, while the enforcement limit in § 35-27-25 runs from lien recording. An owner's written demand can shorten the latter to 30 days.
Older forms may cite § 35-27-05 for notice; the current chapter marks it repealed. The operative notice sentence is in § 35-27-02(4).
Common questions
Is a lien filed after 90 days automatically void? Section 35-27-14 says late filing does not defeat it except against the specified purchasers, encumbrancers, and owner payments, subject to its outer filing bar.
Does recording the lien itself preserve it for three years? Section 35-27-25 requires a timely action and a recorded lis pendens.
Statutes and sources
- N.D. Cent. Code § 35-27-01 (definitions): https://ndlegis.gov/cencode/t35c27.pdf (accessed 2026-10-06)
- N.D. Cent. Code § 35-27-02 (claimants and notice): https://ndlegis.gov/cencode/t35c27.pdf (accessed 2026-10-06)
- N.D. Cent. Code § 35-27-09 (verified account): https://ndlegis.gov/cencode/t35c27.pdf (accessed 2026-10-06)
- N.D. Cent. Code § 35-27-05 (repealed former notice): https://ndlegis.gov/cencode/t35c27.pdf (accessed 2026-10-06)
- N.D. Cent. Code § 35-27-13 (recording): https://ndlegis.gov/cencode/t35c27.pdf (accessed 2026-10-06)
- N.D. Cent. Code § 35-27-14 (late filing): https://ndlegis.gov/cencode/t35c27.pdf (accessed 2026-10-06)
- N.D. Cent. Code § 35-27-24 (enforcement notice): https://ndlegis.gov/cencode/t35c27.pdf (accessed 2026-10-06)
- N.D. Cent. Code § 35-27-25 (suit and lis pendens): https://ndlegis.gov/cencode/t35c27.pdf (accessed 2026-10-06)
- N.D. Cent. Code § 47-18-04 (homestead): https://ndlegis.gov/cencode/t47c18.pdf (accessed 2026-10-06)
Source links
Every statute quoted above, linked, with the date we checked it.
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