North Dakota Lien Resources
Perfekt proudly serves the construction industry in North Dakota.
These are resources from the professionals at Perfekt to help you understand Your State Lien Rights in North Dakota.
Your Questions Answered
In North Dakota, a notice of intent is required to maintain lien rights and must be sent within 80 days of the last date of work on a job. A lien must be filed by or before 90 days after the last date of work. A notice of intent may be sent as as early as the 1st day after your last date of work on a project. A lien may be sent as early as the 11th day after your last date of work on the project if a notice of intent was sent on the 1st day after your last date of work. A satisfaction may be filed with the county if a lien had been filed, and the money owed was either paid or some other deal was struck.. The state of North Dakota does not require a prelien, but one can be sent.
A notice of intent to lien must be sent within 80 days of the last date of work on a project. A prelien is not required on any project but may be sent. A lien, whether commercial or residential, must be filed with the county within 90 days from the last date of work.
A notice of intent is sent after the last date of work, and it states that a lien may be filed 10 days after the notice of intent to lien was sent. A notice of intent in North Dakota must be sent via certified mail before or by day 80 from the last date of work.
A North Dakota lien must be filed with the county in which the property resides. The lien must be filed by or before day 90 from the last date of work. A notice of intent must have been sent at least 10 days prior to a lien for the lien to be perfected (valid). A lien is filed against a real property and not against the owner; this clouds the title, and often is required to be satisfied before the property can be sold and change hands. Keep in mind when utilizing Perfekt’s services, it will take a few days to get a lien filed at a county once the service has been requested, so waiting until the last day to take action will be too late.
A satisfaction in North Dakota is filed with the county that the lien was filed at, which is the county that the property resides in. A satisfaction satisfies the lien and removes it from the property, creating a clean title (as long as there are no other liens on it from other contractors). A satisfaction can only be filed if a lien was filed. If there was never a lien filed, there is nothing to satisfy utilizing a satisfaction.
In North Dakota, a bond claim must be sent within 90 days from the last date of work. A bond claim is for public projects that you wouldn’t foreclose on, such as government buildings, libraries, schools, park buildings (athletics). The bond claim is sent to the surity company and is claimed on the surity payment bond for the project. A copy of the bond is needed for a bond claim. A copy of the payment bond has the project name, bond number, general contractor who took out the bond, property owner and surety company responsible for paying the bond claims. A preliminary bond notice is not required in ND.
The first date of work is the first day that labor and/or materials arrive at the job site for the improvement of the property.
The last date of work is the last day labor and/or materials are on the job site for the improvement of a property.
A notice of intent in North Dakota needs the property address, property owner and address (found through county research), hiring party name and address, first date of work, last date of work , the lien amount (amount still owed), and description of the labor and/or materials.
A lien in North Dakota needs the property address, the legal description (which may be found through the research at the county), property owner name and address (found through research and pulling deed), hiring party name and address, first date of work, last date of work, the lien amount (amount still owed), and description of the labor and/or materials. Before it can be filed with the county, a signature is required from an officer in the construction professional company filing the lien and it must be notarized. Once all this information is compiled in documents according to state statutes, it can then be filed at the county.
A satisfaction of lien in North Dakota requires a signature from an officer of the construction professional company that filed the lien, as well as the address and legal description of the property, and the lien filing date and document number. If you filed the lien utilizing Perfekt’s services, the address and legal description of the property, and the lien filing date and document number will already be in Perfekt’s system.
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