Stop-Notice - North Dakota

NORTH DAKOTA CONSTRUCTION-LIEN CLAIM NOTICE AND OWNER-WITHHOLDING REQUEST

Use limitation: This document does not itself create, perfect, extend,
enforce, release, or bond off a construction lien. It does not impose a
mandatory payment freeze. Complete it only after North Dakota counsel
classifies the claimant and confirms the current statutory sequence.

1. Purpose and use selection

Select every intended use:

☐ Pre-recording notice under N.D.C.C. § 35-27-02(4). Counsel has confirmed
that written notice stating that a lien will be claimed must be sent to the
legal or equitable owner by certified mail at least ten days before recording.

☐ Claim notice under N.D.C.C. § 35-27-09. Counsel has confirmed that the
claimant has a lien under the contractor, the contractor is liable for the
claim, and the notice may be served on the owner.

☐ Itemized and verified account requested by the owner under N.D.C.C.
§ 35-27-09. Attach the completed account and use the verification selected
by counsel.

☐ Informational payment request only. No representation is made that a
statutory lien or withholding condition has been satisfied.

Do not use this packet as:

• a direction to a construction lender or unrelated disbursing agent;
• a substitute for the recorded lien required to perfect a claim;

• a demand for a percentage reserve, segregated account, injunction, bond,
  interest, attorney fees, indemnity, or damages; or

• an agreement by the owner, contractor, or any recipient.

2. Current-law and deadline gate

3. Claimant and project information

Claimant

• Legal name: [________________________________]
• Entity or individual status: [________________________________]
• Address: [________________________________]
• Email and telephone: [________________________________]
• North Dakota license information, if applicable: [________________________________]

Project

• Street address: [________________________________]
• County: [________________________________]
• Complete legal description: [________________________________]
• Legal or equitable owner: [________________________________]
• Owner's last-known address: [________________________________]
• Person who contracted with claimant: [________________________________]
• Claimant's tier: ☐ Direct contractor ☐ Subcontractor ☐ Supplier
  ☐ Laborer ☐ Design or professional service ☐ Other: [________________]

Contribution

• Contract or order date: [__/__/____]
• First contribution date: [__/__/____]
• Last contribution date: [__/__/____]

• Labor, skill, services, equipment, or materials furnished:
  [____________________________________________________________]

• Property or improvement receiving the contribution:
  [____________________________________________________________]

4. Itemized claim

Disputed items, offsets, retainage, change orders, or payment defenses known to
claimant: [____________________________________________________________]

Amount attributed to lienable contribution after counsel review:
$[________________]

Do not add a fixed percentage for interest, costs, or fees. State each claimed
component separately and identify its contract or current-law basis.

5. Notice to owner

Date: [__/__/____]

To: [LEGAL OR EQUITABLE OWNER NAME AND ADDRESS]

From: [CLAIMANT NAME AND ADDRESS]

Project: [PROJECT ADDRESS AND LEGAL DESCRIPTION]

Person with whom claimant contracted: [NAME]

Claimed amount: $[________________]

The claimant states that it furnished the contribution identified in this
packet and that the stated balance remains claimed after the listed credits and
payments.

If the pre-recording-notice box in Section 1 is selected, claimant gives written
notice that a construction lien will be claimed. Counsel must arrange certified
mail early enough to satisfy N.D.C.C. § 35-27-02(4); this sentence does not cure
late or defective delivery.

If the § 35-27-09 claim-notice box in Section 1 is selected, claimant serves
notice of its claim on the owner. Claimant requests that the owner evaluate the
owner's option under N.D.C.C. § 35-27-09 to withhold from the owner's contractor
so much of the contract price as may be necessary to meet qualifying lien
demands for which that contractor is liable.

This is a request for evaluation, not a representation that withholding is
mandatory. It is not directed to a lender and creates no private default,
segregated-account duty, liability cap, indemnity, bond amount, or fee right.

Please direct factual questions or payment communications to:

• Contact: [________________________________]
• Address or email: [________________________________]
• Requested response date, if any: [__/__/____]

The requested response date is an administrative request and does not alter any
statutory deadline or remedy.

6. Optional itemized and verified account

Complete this section only if the owner made a timely written request under
N.D.C.C. § 35-27-09 and counsel confirms this packet supplies the requested
information.

• Date the underlying contract was completed: [__/__/____]
• Date owner delivered the request: [__/__/____]
• Claim amount: $[________________]

• Claimant name and address:
  [____________________________________________________________]

• Attached itemized account identifier: [________________________________]

Counsel-selected verification

I, [NAME], state that I am authorized to verify the attached account; that I
reviewed the account and supporting records; and that the account is true and
correct to the extent stated, subject to the disclosed credits, offsets, and
disputes.

Signature: ______________________________

Date: [__/__/____]

Notary, oath, declaration, and signer language:
[____________________________________________________________]

7. Deadline worksheet

These entries are screening prompts, not automatic deadline calculations.

Counsel must reconcile these rules with the actual claimant, contribution,
recording date, payment history, owner demand, project type, and any controlling
order or proceeding. Section 35-27-14 also describes consequences of filing
after ninety days; do not summarize those consequences without applying the
actual purchaser, encumbrancer, owner-payment, and recording facts.

8. Delivery and record log

☐ Certified-mail receipt and tracking retained if § 35-27-02(4) was selected

☐ Complete signed packet and every attachment retained

☐ Recorded-lien copy and recorder receipt added separately, if applicable

☐ Enforcement notice, service proof, complaint, and lis pendens tracked
separately, if applicable

9. Claimant signature

I authorize delivery of this packet for the use or uses selected in Section 1.
I understand that it is not the recorded construction lien and that recipients
do not become bound merely by receiving it.

10. Recipient acknowledgment — optional

Receipt acknowledged only; no validity, amount, priority, withholding duty,
payment promise, waiver, or agreement is admitted.

Sources and References

• North Dakota Century Code, Chapter 35-27 — Construction Lien
• North Dakota Legislative Branch — Century Code