North Dakota
Notice of Intent-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: Notice to Owner of Intention to Claim a Lien, and Notice of Intention to Claim a Lien With Account Demand (Private Work).

Scope: State of North Dakota, Private Work

Time Constraints: While preliminary notices are not required in North Dakota, a party protected under the lien law statutes may file a verified Notice of Intention to Claim a Lien anytime either prior to or after commencement of work.  Upon the receipt of a Notice of Intention to Claim a Lien an owner may take protective actions to make certain that the noticing party is paid in order to protect his property from a lien.

Before obtaining a Mechanic’s Lien, any person having a contract for the improvement of land must provide mandatory written notice to both (1) the owner, indicating the claimants intention to file a lien for the unpaid balance due under the contract (sending the Notice to Owner of Intention to Claim a Lien), and (2) the public at large by filing with the County Recorder a verified copy of your Notice of Intention to Claim a Lien With Account Demand. 

A claimant must serve a written notice to the owner of his intentions to claim a lien with another form, Notice to Owner of Intention to Claim a Lien, at least fifteen (15) days prior to the filing of a Mechanic’s Lien. DO NOT CONFUSE THIS DOCUMENT WITH THE CURRENT DOCUMENT.  See the information in North Dakota Mechanic’s Lien, Private Works.

Further Action: Once the Notice to Owner of Intention to Claim a Lien has been received, you should immediately (if they have not responded) file a copy of the Notice of Intention to Claim a Lien With Account Demand with proof of service of the Notice to Owner of Intention to Claim a Lien with the Register of Deeds (County Clerk) in the county where the project is located. Special action must be taken to perfect the lien. See the North Dakota Bond or Lien Claim, Private Works, memo for more information.  This filing is required before filing your lien claim.

Information Requirements: Program information.

Form Types: Notice to Owner of Intention to Claim a Lien, Notice of Intention to Claim a Lien With Account Demand, and Exhibits A-D, if needed.

Procedures: Send copies of the prepared forms by certified mail to the owner (General contractors, sureties, if known, and customers are optional). Once you have received back your proof of service, file with the Register of Deeds.

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