North Dakota Claim on Bond, Public Work
Claim on Bond-Public 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: Notice of Claim on Bond and Lien for Public Improvement.
Scope: State of North Dakota, Public Works.
Time Constraints: Before filing any claim, obtain a copy of the surety bond for specifics. Use the North Dakota Preliminary Notice forms to obtain this information.
You must serve the prime contractor and public entity with a Public Works Bond within 90 days the date of last furnishing materials, labor or services.
Perfection: You must file suit to perfect your bond and lien claim within 1 year from the completion of your contribution. Suit must be filed against the surety at the same time.
Payment Bond: Obtain a copy of the public works bond to determine specifics as to filing time limitations for notice and suit, but in all cases within 1 year from the completion of your contribution.
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 and 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 public entities and 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 of Claim on Bond and Lien for Public Improvement and Exhibit's A-D, if needed.
Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien for Public Improvement on the public entities, general contractors and sureties, if known. File suit within one year of the date of your final contribution.
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