Construction Lien Claim

CONSTRUCTION LIEN CLAIM

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

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. Per N.D.C.C. § 35-27-05, the claim must include a description of the property sufficient for identification.)

Parcel ID Number: [________________________________]

VI. STATEMENT OF CONSTRUCTION LIEN CLAIM

The undersigned Claimant hereby claims a construction lien pursuant to N.D.C.C. § 35-27-03 against the above-described real property and improvements thereon, and states as follows:

A. Persons Entitled to Lien (N.D.C.C. § 35-27-03)

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: [________________________________]

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 LIEN STATEMENT (N.D.C.C. § 35-27-05)

Pursuant to N.D.C.C. § 35-27-05, this claim of lien contains:

☐ A true statement of the Claimant's demand, after deducting all just credits and offsets
☐ The name of the owner or reputed owner of the property, if known
☐ The name of the person by whom the Claimant was employed or to whom the Claimant furnished materials
☐ A description of the property to be charged with the lien, sufficient for identification
☐ The Claimant's verification by oath

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: [__/__/____]

CRITICAL: The ten-day written notice to the owner is mandatory for ALL lien claimants under N.D.C.C. § 35-27-02. Failure to provide this notice before recording the lien will invalidate the lien.

IX. FILING DEADLINE COMPLIANCE

A. Standard 90-Day Deadline (N.D.C.C. § 35-27-12)

Under N.D.C.C. § 35-27-12, the construction lien must be filed within 90 days from the date the claimant last furnished labor or materials.

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. Extended Filing Period (N.D.C.C. § 35-27-13)

If the 90-day deadline has passed, a lien may still be filed within three (3) years from the date the claimant first furnished labor or materials, HOWEVER:

• The lien is limited to the unpaid portion of the owner's contract
• The lien is not effective against bona fide purchasers who acquired their interest after the 90-day period

☐ 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 the time required by N.D.C.C. § 35-27-12.

Signature: ________________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

XI. NOTARY ACKNOWLEDGMENT

STATE OF NORTH DAKOTA
County of [________________________________]

Subscribed and sworn to before me on this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

(SEAL)

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. Required Content Checklist (N.D.C.C. § 35-27-05)

☐ True statement of demand after credits and offsets
☐ Name of owner or reputed owner
☐ Name of person by whom claimant was employed or to whom claimant furnished materials
☐ Description of property sufficient for identification
☐ Verification by oath (notarized)

D. Recording Fees

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

XIII. LIEN PRIORITY

A. General Priority Rules

Under N.D.C.C. § 35-27-16, construction liens have priority over:

• Liens, mortgages, or other encumbrances that attach after commencement of the improvement
• Unrecorded interests

Construction liens are generally subordinate to:

• Recorded mortgages and encumbrances existing before commencement of the improvement
• Previously recorded construction liens

B. Lien Filed After 90 Days (N.D.C.C. § 35-27-13)

A lien filed after 90 days but within 3 years of first furnishing:

• Is limited to the unpaid balance of the owner's contract
• Has no priority against bona fide purchasers

XIV. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Upon full payment of the amount claimed (including interest and costs), the Claimant shall promptly file a release or satisfaction of lien with the county Recorder.

B. Bonding Off the Lien (N.D.C.C. § 35-27-22)

The owner or other interested party may obtain release of the property from the lien by filing a surety bond with the court. The bond must be:

• In an amount set by the court (typically 150% of the lien claim)
• Issued by a surety company authorized to do business in North Dakota
• Conditioned to pay any judgment rendered in favor of the lien claimant

C. Discharge of Invalid Lien

Under N.D.C.C. § 35-27-23, if a lien was filed fraudulently or without just cause, the owner may petition the court for discharge of the lien and recovery of costs and attorney's fees.

XV. ENFORCEMENT

A. Enforcement Deadline

An action to enforce a construction lien must be commenced within three (3) years from the date the lien was filed, per N.D.C.C. § 35-27-14. Failure to commence an action within this period extinguishes the lien.

B. Court of Jurisdiction

Enforcement actions are filed in the North Dakota District Court for the county in which the property is situated.

C. Lis Pendens

Upon commencement of a lien enforcement action, the claimant should file a lis pendens notice with the county Recorder to provide constructive notice of the pending litigation.

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. Extended Filing Window. North Dakota is unique in allowing liens filed after 90 days but within 3 years, though with reduced priority. Evaluate whether the reduced protection is sufficient.

3. Verification Required. The lien claim must be verified by oath (notarized). An unverified lien is invalid.

4. Owner-Occupied Residential Property. The same statutory requirements apply to residential and commercial projects.

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. Be cautious about signing lien waivers. A conditional waiver does not release rights until payment clears; an unconditional waiver releases rights immediately.

SOURCES AND REFERENCES

• N.D.C.C. Chapter 35-27 — Construction Liens: https://ndlegis.gov/cencode/t35c27.pdf
• North Dakota Century Code, Title 35 — Liens (Justia): https://law.justia.com/codes/north-dakota/title-35/
• North Dakota Mechanics Lien Guide (Levelset): https://www.levelset.com/mechanics-lien/north-dakota-lien-law-faqs/
• NCS Credit — North Dakota Lien & Bond Claim Rights: https://www.ncscredit.com/education-center/blog/north-dakota-mechanics-lien-and-bond-claim-rights

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.