North Dakota Insured Residential Repair Contract

NORTH DAKOTA INSURED RESIDENTIAL REPAIR CONTRACT

Use this contract when property and casualty insurance proceeds will pay for covered work on a one-to-four-family dwelling or detached garage. This includes roof or other exterior work, interior or exterior cleanup, or arranging or managing that work. The contractor must furnish the itemized description in Section 3 to both the insured and the insurer before repair or replacement begins. The named insured must sign the statutory notice in Section 7; send it to the insurer before insurance proceeds are paid. Print the statutory notice in capital letters at no less than 14-point type. This Markdown file alone does not control print size.

1. Parties, property and claim

Agreement date: [__/__/____] Time signed: [__:__]

Named insured / owner: [FULL LEGAL NAME]
Mailing address: [STREET, CITY, STATE, ZIP]
Phone and email: [PHONE; EMAIL]

Residential contractor: [FULL LEGAL NAME]
Business address for cancellation notices: [STREET, CITY, STATE, ZIP]
Phone and email: [PHONE; EMAIL]

Property address: [STREET, CITY, STATE, ZIP]

Property type: ☐ one-to-four-family dwelling ☐ detached garage serving that dwelling

Insurer: [NAME] Policy or claim number: [NUMBER]

Insurer's written coverage decision received? ☐ no ☐ yes, on [__/__/____]; attach a copy.

2. Work and scheduling

The contractor will perform only the work and services itemized in Section 3 and signed change orders.

Existing damage and affected areas: [DETAILS]

Estimated start date: [__/__/____] Estimated finish date: [__/__/____]

Permits, inspections and who obtains them: [DETAILS]

Subcontractors or work managers, if known: [NAMES AND ROLES]

The contractor will perform the agreed work in a workmanlike manner, protect the premises reasonably, remove its debris, and provide closeout warranty documents. A signed change order must describe added or reduced work, materials, price and scheduling effects before changed work begins. Additional necessary work identified during repair may be agreed in writing; the itemization below does not bar it.

3. Itemized work and agreed amount

Before repair or replacement begins, furnish this completed itemization to both the named insured and the insurer. Attach more pages if needed.

Total itemized amount agreed for this work: $[AMOUNT]

Deposit: $[AMOUNT] due [EVENT]. Progress payments: [AMOUNTS AND MILESTONES]. Final balance: $[AMOUNT OR METHOD] due [EVENT].

Itemization furnished to the named insured: [DATE; METHOD; RECIPIENT]
Itemization furnished to the insurer: [DATE; METHOD; RECIPIENT]

4. Deductible and insurance rights

The named insured is responsible for the policy deductible. The contractor will not offer, promise or give a prohibited rebate, allowance, discount or other compensation to induce acceptance of its proposal. A nominal-value item is treated as provided in N.D.C.C. § 26.1-39.2-03.

The insurer alone decides coverage. The contractor makes no assurance that the loss or total price will be fully covered. No post-loss assignment of policy rights or benefits is made by this contract. A proposed separate assignment requires review under N.D.C.C. § 26.1-39.2-04 before signing.

Expected policy deductible: $[AMOUNT OR UNKNOWN]
Payment source for any uncovered balance: [DETAILS]

5. Insured's cancellation right

Under N.D.C.C. § 26.1-39.2-02(1), the insured may cancel this contract before midnight on the later of:

1. The fifth business day after signing this written contract; or
2. The fifth business day after receiving the insurer's written notice that all or part of the claim or contract is not covered.

To cancel, the insured must give the contractor a signed and dated written notice showing an intent not to be bound. Deliver or mail it to the contractor's business address in Section 1. A properly addressed, prepaid mailed notice is effective when deposited in the U.S. mail. If cancellation follows an insurer's noncoverage notice, include a copy of that notice with the cancellation.

Within ten days after a qualifying cancellation, the contractor must tender the insured's payments, deposits and any note or evidence of indebtedness. The contractor may charge only the reasonable value of goods or services that the insured agreed in writing were necessary to prevent damage to the premises. No other fee for a cancellation under this section is enforceable.

Optional emergency damage-prevention work authorized in a separate signed writing: [DESCRIPTION, DATE AND ATTACHMENT; OR NONE]

6. Signatures

The parties agree to the scope and payment terms above. Each receives a signed copy. The statutory deductible notice below is a separate named-insured signature requirement.

Named insured signature: ______________________________ Date and time: [__/__/____] [__:__]

Contractor authorized signature: ______________________________ Date and time: [__/__/____] [__:__]

Contractor signer name and title: [NAME; TITLE]

7. STATUTORY DEDUCTIBLE NOTICE — NAMED INSURED MUST SIGN

Print the notice below in capitalized type of at least 14 points. The named insured must sign it, and the contractor must send it to the named insured's insurer before payment of policy proceeds. Do not edit the statutory wording.

IT IS A VIOLATION OF THE INSURANCE LAWS OF NORTH DAKOTA TO REBATE ANY PORTION OF AN INSURANCE DEDUCTIBLE AS AN INDUCEMENT TO THE INSURED TO ACCEPT A RESIDENTIAL CONTRACTOR'S PROPOSAL TO REPAIR DAMAGED PROPERTY. REBATE OF A DEDUCTIBLE INCLUDES GRANTING AN ALLOWANCE OR OFFERING A DISCOUNT AGAINST THE FEES TO BE CHARGED FOR WORK TO BE PERFORMED OR PAYING THE INSURED HOMEOWNER THE DEDUCTIBLE AMOUNT SET FORTH IN THE INSURANCE POLICY. THE INSURED HOMEOWNER IS PERSONALLY RESPONSIBLE FOR PAYMENT OF THE DEDUCTIBLE. THE INSURANCE FRAUD STATUTES AND NORTH DAKOTA CRIMINAL STATUTES PROHIBIT THE INSURED HOMEOWNER FROM ACCEPTING FROM A RESIDENTIAL CONTRACTOR A REBATE OF THE DEDUCTIBLE OR OTHERWISE ACCEPTING AN ALLOWANCE OR DISCOUNT FROM THE RESIDENTIAL CONTRACTOR TO COVER THE COST OF THE DEDUCTIBLE. VIOLATIONS MAY BE PUNISHABLE BY CIVIL OR CRIMINAL PENALTIES.

Named insured signature for this notice: ______________________________ Date: [__/__/____]

Notice sent to insurer: [DATE; METHOD; RECIPIENT OR CONFIRMATION]

Sources and References: North Dakota Century Code ch. 26.1-39.2, current official chapter read November 1, 2026.

This document is informational and is not legal advice. Have North Dakota counsel review before use.