Neglecting your construction liens is one of the biggest mistakes you can make in your career. Without your liens, you lose the leverage you have for proper payment. That being the case, you must make sure they are valid when filed—and the best way to do that is by verifying the lien laws for your state and following them closely. We’re here to take away the complexity and confusion and give it to you straight. If you work in North Dakota and need to know the lien laws, this is the blog for you. Here, we break down exactly what the state of North Dakota requires for you to properly file a valid lien or bond claim.
How to File a Valid Lien in North Dakota:
- Place 3* and above Contractors and Material Suppliers have lien rights.
- You must give the Owner notice that you will be filing a lien at least ten (10) days before you file the lien.
- Liens must be filed within ninety (90) days of the last work and/or materials supplied.
- You must send the Owner notice that you are filing suit to enforce your lien at least 20 days (for sending notice via certified mail) or 10 days (for personal service) before you file suit.
- You must file suit to enforce your lien within three (3) years after it is filed.
- Your lien will only be valid to the extent that the Owner owes the Place 1* Contractor for your work. Therefore, the sooner you send notice the more likely you will be paid the full amount you are owed.
How to Have a Valid Bond Claim in North Dakota:
- Bonds are required on public projects of more than $200,000.
- Place 3* and above Contractors have bond claim rights.
- Place 3* Contractors and Material Suppliers must send notice of the unpaid amount to the Place 1* Contractor within ninety (90) days of last work and/or materials supplied.
- You must file suit to enforce your bond claim.
If you work in North Dakota, you must ensure that you follow every instruction listed above when filing your lien. Getting paid for your projects is imperative, and a valid lien is the only security you have to make that happen. If you would prefer for someone else to take care of filing your construction lien or bond claims, and do it the right way, contact a professional North Dakota lien attorney who is experienced in construction law. Our sister company, The Cromeens Law Firm, has a 90% success rate of collections before having to foreclose on a lien, saving you costly legal fees. Follow these rules, and you will be on your way to getting paid what you are owed.
*The “places” referenced in the rules above correlate to the Construction Food Chain Chart from Karalynn Cromeens’ book,
Quit Getting Stiffed. The chart can be found here to use when following these lien and bond rules.