Construction Lien Claim - North Dakota

CONSTRUCTION LIEN CLAIM

(State of North Dakota)
Pursuant to N.D.C.C. Chapter 35-27

Before recording: Format the signed instrument with a three-inch blank space across the top of page one for recording information, a one-inch margin on each page, and legible type of at least ten-point Calibri (N.D.C.C. § 11-18-05). Obtain an original signature and acknowledgment for recording under N.D.C.C. § 47-19-03.

RECORDING INFORMATION

Recording Requested By:

Name: [________________________________]

Address: [________________________________]

When Recorded, Return To:

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

I. CLAIMANT INFORMATION

II. PROPERTY OWNER INFORMATION

III. HIRING PARTY INFORMATION (If Different from Owner)

IV. GENERAL CONTRACTOR INFORMATION

V. PROPERTY DESCRIPTION

Street Address of Improved Property: [________________________________]

City: [________________________________] County: [________________________________], North Dakota

Legal Description:

[________________________________]
[________________________________]
[________________________________]

(Attach as Exhibit A if the legal description is lengthy. N.D.C.C. § 35-27-13 requires the recorded lien to describe the property.)

Parcel ID Number: [________________________________]

VI. STATEMENT OF CONSTRUCTION LIEN CLAIM

The undersigned Claimant hereby claims a construction lien under N.D.C.C. §§ 35-27-02 and 35-27-13 against the above-described real property and improvements thereon, and states as follows:

A. Persons Entitled to Lien (N.D.C.C. § 35-27-02)

The Claimant is entitled to a lien as a:

☐ Contractor who contracted directly with the owner
☐ Subcontractor
☐ Laborer
☐ Person who furnishes skill, material, or machinery for construction, alteration, or repair
☐ Architect, engineer, or land surveyor
☐ Other: [________________________________]

N.D.C.C. § 35-27-02(5) excludes a person performing labor or furnishing materials or services under Chapter 35-24 from claiming or maintaining a lien under this chapter.

B. Nature of Labor, Services, or Materials Furnished

The Claimant furnished the following labor, services, and/or materials for the improvement of the above-described property:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

C. Dates of Furnishing

D. Amount of Lien Claimed

The amount claimed represents a just and true amount due Claimant after deducting all just credits and offsets.

VII. REQUIRED CONTENT OF RECORDED LIEN (N.D.C.C. § 35-27-13)

Pursuant to N.D.C.C. § 35-27-13, this claim of lien contains:

☐ A description of the property charged with the lien
☐ The amount due
☐ Dates of the first and last contribution
☐ The person with whom the Claimant contracted

☐ If this lien concerns a wind turbine or associated facility and the freehold and leasehold owners differ, include the leasehold-only statement required by § 35-27-13 in at least sixteen-point type.

VIII. PRE-LIEN NOTICE COMPLIANCE

A. Ten-Day Written Notice to Owner (N.D.C.C. § 35-27-02)

North Dakota requires that written notice that a lien will be claimed must be given to the owner of the real estate by certified mail at least ten (10) days before the recording of the construction lien.

☐ Written notice was given to the property owner at least 10 days before recording this lien
☐ Claimant has a direct contract with the owner (notice still required under § 35-27-02)

Date Notice Mailed to Owner: [__/__/____]

Method of Service:
☐ Certified mail (required by statute)

Certified Mail Tracking Number: [________________________________]

Date of Delivery/Receipt: [__/__/____]

Before recording: N.D.C.C. § 35-27-02(4) requires written notice by certified mail to the legal or equitable owner at least ten days before the construction lien is recorded.

IX. FILING DEADLINE COMPLIANCE

A. Standard 90-Day Deadline (N.D.C.C. § 35-27-13)

Under N.D.C.C. § 35-27-13, a person seeking to perfect the lien records it within 90 days after all of that person's contribution is done.

Date of Last Furnishing: [__/__/____]

Calculated 90-Day Deadline: [__/__/____]

Date This Lien is Being Filed: [__/__/____]

☐ This lien is being filed within the 90-day deadline

B. Late Filing and Outside Limit (N.D.C.C. § 35-27-14)

If the 90-day period has passed, § 35-27-14 permits later filing subject to a three-year outside limit from the first item of material furnished. Late filing does not defeat the lien except:

• Against good-faith purchasers or encumbrancers for value whose rights accrued before the lien was filed; and
• Against the owner to the extent the owner paid a contractor before the lien was recorded.

☐ This lien is being filed under the extended three-year provision
☐ Not applicable (filed within 90 days)

X. VERIFICATION

Claimant's Sworn Statement

I, [________________________________], being the ☐ Claimant ☐ Authorized Officer ☐ Authorized Agent of the Claimant, do hereby state under oath that:

1. I have read the foregoing Construction Lien Claim and know the contents thereof;
2. The statements contained herein are true to the best of my knowledge, information, and belief;
3. The amount claimed as due is a just and true amount due after deducting all just credits and offsets;
4. The labor, services, and/or materials described herein were actually furnished for the improvement of the above-described property;
5. Written notice was given to the owner by certified mail at least ten (10) days before the recording of this lien, as required by N.D.C.C. § 35-27-02; and
6. This lien claim is filed [within 90 days after the last contribution under N.D.C.C. § 35-27-13 / later under the limits of N.D.C.C. § 35-27-14].

Signature: ________________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

XI. NOTARIAL CERTIFICATE — VERIFICATION ON OATH

STATE OF NORTH DAKOTA
County of [________________________________]

Signed and sworn to (or affirmed) before me on [__/__/____] by [________________________________].

Notary Public Signature: ________________________________

Printed Name: [________________________________]

Title of Office: Notary Public

My Commission Expires: [__/__/____]

(SEAL)

Acknowledgment for Recording

State of North Dakota, County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [________________________________] [in an individual capacity / as [TITLE] of [ENTITY NAME], on behalf of that entity].

Notarial Officer Signature: ________________________________

Title of Office: Notary Public

My Commission Expires: [__/__/____]

Stamp: [________________________________]

XII. FILING INSTRUCTIONS AND KEY DEADLINES

A. Where to File

File this Construction Lien Claim with the Recorder's Office in the county where the improved real property is located.

B. Critical Deadlines Summary

C. Recorded Lien Contents (N.D.C.C. § 35-27-13)

☐ Property description
☐ Amount due
☐ First and last contribution dates
☐ Name of person with whom claimant contracted

D. Recording Fees

Contact the [________________________________] County Recorder for current recording fees.

XIII. LIEN PRIORITY

A. General Priority Rules

Under N.D.C.C. § 35-27-03, a lien generally attaches against the owner from the first item of material or labor furnished for the improvement, subject to § 35-27-02. It does not attach against a good-faith acquirer without actual or constructive notice before visible commencement. Subject to § 35-27-04's construction-funding mortgage exception, it has priority over an unrecorded mortgage or encumbrance unless the lienholder had actual notice of that interest. Section 35-27-22 separately ranks construction liens by claimant class.

B. Lien Filed After 90 Days (N.D.C.C. § 35-27-14)

A late-filed lien does not prevail against good-faith purchasers or encumbrancers for value whose rights accrued before filing, or against the owner to the extent of payment to a contractor before filing.

XIV. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

When a lien on real property is satisfied, N.D.C.C. § 35-01-27 requires the lien owner to execute an acknowledged certificate of discharge and cause satisfaction of record within 60 days after satisfaction or 30 days after a written owner demand, whichever is shorter.

B. Release by Undertaking (N.D.C.C. ch. 35-21)

For property of a North Dakota resident, the owner or one with a substantial interest may apply in the district court where the lien is filed. Section 35-21-02 requires an application, an affidavit stating a defense and disagreement about the lien's amount or validity, and an undertaking of at least the lien amount with two sureties to pay any recovery and costs. Section 35-21-03 requires service of those papers and notice of the time to except to the sureties; discharge follows the procedure and order in § 35-21-04.

C. Discharge of Invalid Lien

An owner may contest a lien's validity or accuracy in district court. An owner who succeeds must be awarded all costs and reasonable attorney's fees incurred by the owner (N.D.C.C. § 35-27-24.1).

XV. ENFORCEMENT

A. Enforcement Deadline

Under N.D.C.C. § 35-27-25, the lienor must commence an action and record a lis pendens within three years after recording the lien. A written owner demand delivered to the lienor and filed with the county recorder can shorten that period to 30 days after delivery if it warns that failure to commence and file suit and record a lis pendens forfeits the lien.

B. Court of Jurisdiction

Under N.D.C.C. § 35-27-24, enforcement actions are filed in the North Dakota District Court for the county in which the property is situated. Before suing, the lienholder must give notice of intent to enforce by personal service at least ten days before suit or by registered mail to the owner's last-known address at least twenty days before suit.

C. Lis Pendens

A lis pendens must be recorded with the county recorder within the applicable § 35-27-25 enforcement period; failure to record it within that period causes the lien to be deemed satisfied.

XVI. PRACTICE NOTES

1. Certified Mail is Mandatory. The ten-day pre-lien notice must be sent by certified mail. Other methods of delivery do not satisfy N.D.C.C. § 35-27-02.

2. Late Filing. A lien filed after 90 days faces the purchaser, encumbrancer, and owner-payment limits in § 35-27-14. The outside filing limit runs from the first item of material furnished.

3. Sworn Statement. The verification above records the claimant's sworn factual assertions; § 35-27-13 lists the contents required for the recorded lien.

4. Lien Amount. Section 35-27-02 limits the lien to the difference between the price paid by the owner and the price or value of the contribution; § 35-27-16 bars a lien amount greater than the amount claimed and a knowingly excessive demand.

5. Multiple Months of Work. If work spans multiple months, the 90-day deadline runs from the date of the last furnishing of labor or materials.

6. Lien Waivers. Under § 35-27-02(3), a valid waiver signed by the person improving the real estate bars a lien.

SOURCES AND REFERENCES

• N.D.C.C. Chapter 35-27 — Construction Liens: https://ndlegis.gov/cencode/t35c27.pdf
• N.D.C.C. Chapter 35-21 — Release by Undertaking: https://ndlegis.gov/cencode/t35c21.pdf
• N.D.C.C. § 35-01-27 — Satisfaction of Real-Property Liens: https://ndlegis.gov/cencode/t35c01.pdf

This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in North Dakota should review and customize this document before use. Filing deadlines are strictly enforced; missing a deadline may result in permanent loss of lien rights.