North Dakota Mechanic's Lien Template

Filing Deadline

Construction lien must be recorded within 90 days after the claimant's last furnishing of labor or materials to preserve priority against subsequent purchasers/encumbrancers. Absolute outer deadline is 3 years from the date of the first item of labor or materials furnished. (NDCC 35-27-13)

Clock starts: Last day labor was performed or materials were furnished to the project (final contribution).

Where to Record

County Recorder's office in the county where the improved real property is located. (For the largest county — Cass County, home of Fargo — this is the Cass County Recorder. Each of ND's 53 counties has its own recorder.) Recording fees in ND are statutorily set at $20 for the first page and $3 for each additional page for most counties; confirm current fee with the specific county recorder before filing.

Notarization

Not required by statute.

NDCC Chapter 35-27 does NOT require the construction lien itself to be notarized or formally verified. The lien may simply be signed by the claimant. However, many North Dakota county recorders will r

Service Requirement

No statutory requirement to serve the recorded lien on the owner immediately after recording — recording with the county recorder constitutes constructive notice. HOWEVER: (1) the 10-day Notice of Intention to Claim Lien must already have been served by CERTIFIED MAIL before recording, and (2) if/when the claimant later files suit to FORECLOSE the lien, the claimant must give the record owner pre-suit notice — at least 10 days by personal service OR at least 20 days by registered mail — before commencing the foreclosure action (NDCC 35-27-25). Best practice: also send a courtesy copy of the recorded lien to the owner and any general contractor by certified mail to prompt payment.