North Dakota
Claim of Lien-Private Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Claim of Lien (Mechanics).

Scope: State of North Dakota, Private Works.

Time Constraints: Before considering a mechanic’s lien, you must have sent a Notice of Intention to Claim a Lien. See the North Dakota Lien Warning Notice, Private Work memo for more information.

Next, before you can make a Mechanic's claim, you must further serve the owner with a Notice to Owner of Intention to Claim a Lien within the statutory time frame (75 days from the date of last furnishing, maximum). If you have not, you cannot make a lien claim.  This notice prints with the Mechanic’s Lien paperwork.

The requirements of the Notice to Owner of Intention to Claim a Lien are:

*      Must be served by registered or certified mail upon the owner.

*      Must be mailed at least fifteen (15) days prior to filing the Mechanic’s Lien.

*      Must include a statement of the amount of the account and state a demand for payment by owner for outstanding balance of account.

*      Must contain a statement to owner that if payment is not made within fifteen (15) days of the date of mailing of the notice, that a lien will be perfected according to law.           

After the 15 day warning period stated in the Notice to Owner of Intention to Claim a Lien has passed, you may file your Claim of Lien with the Register of Deeds (County Clerk's) office within 90 days, inclusive, of the last furnishing of labor, materials or service. The filing must consist of the Claim of Lien and a copy of your attested copy and proof of service of the Notice of Intention to Claim a Lien.

Perfection: The perfect of the lien in North Dakota has some unusual requirements. Suit to perfect the lien must be filed within 30 days, inclusive, of the serving of the notice of intent, or you may forfeit your right to a lien. These are somewhat conflicting demands as compared to other states, but the requirement is only that you file suit, not set a trial date.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Claim of Lien file suit against the sureties within the time frame specified by the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the County of the state where the recording will be made.

Form Types: Notice to Owner of Intention to Claim a Lien, Claim of Lien (Mechanics) and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. File your Claim of Lien with the county recorder’s office in the manner described above and serve copies upon the owners (the prime contractor and your customer are optional). At this point you are ready to file suit to enforce all of your claims in one action.

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