Lien deadlines · North Dakota

North Dakota mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

North Dakota lien filing, all five roles on any project: 90 days after all the person's contribution is done (N.D.C.C. § 35-27-13). A second filing rule reads 3 years after the first item of material is furnished (§ 35-27-14). Deadline to sue: 3 years after the lien is recorded (§ 35-27-25). The default preliminary notice rule reads None required.

North Dakota · Lien deadlinesVerified 2026-10-02
Lien filing
90 days after all the person's contribution is done
Preliminary notice
None required
Deadline to sue
3 years after the lien is recorded

Preliminary notice

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultNone requiredStatute: N.D.C.C. § 35-27-02(1); N.D.C.C. § 35-27-13
Direct contractor, Subcontractor, Sub-subcontractor, SupplierAnyFor the seller, when material is furnished for an original, complete, and independent building, structure, or improvementAt the time the material is furnished for such improvementStatute: N.D.C.C. § 35-27-21
What the statute says about it. Recipients: The purchaser. Delivery: A written notice delivered to the purchaser stating that the seller claims the right to foreclose the lien under the laws of the state and, in the event of a default in payment for the improvement, to remove the building from the real estate
Any person that improves real estate under a contract with the owner of the real estate or under contract with any agent, trustee, contractor, or subcontractor of the owner, has a lien upon the improvement and upon the land on which the improvement is situated or to which the improvement may be removed for the price or value of the contribution.
N.D.C.C. § 35-27-02(1) · Official text · retrieved 2026-10-02
Every person desiring to perfect the person's lien shall record with the recorder of the county in which the property to be charged with the lien is situated, within ninety days after all the person's contribution is done, and having complied with the provisions of this chapter, a lien describing the property and stating the amount due, the dates of the first and last contribution, and the person with which the claimant contracted.
N.D.C.C. § 35-27-13 · Official text · retrieved 2026-10-02
In addition to the lien provided by this chapter, but subject to the conditions of section 35-27-02, when material is furnished or labor performed in the erection or construction of an original, complete, and independent building, structure, or improvement, whether the same is placed upon a foundation or not, the lien attaches to the building or improvement in preference to any prior title, claim, lien, encumbrance, or mortgage upon the land upon which the building, erection, or improvement is erected.
N.D.C.C. § 35-27-21 · Official text · retrieved 2026-10-02
At the time the material is furnished for such improvement, the seller shall notify the purchaser by delivering to the purchaser a written notice stating that the seller claims the right to foreclose the lien under
N.D.C.C. § 35-27-21 · Official text · retrieved 2026-10-02
the laws of the state, and in the event that there is a default in payment for the improvement, to remove the building from the real estate upon which it is placed regardless of whether or not said building is placed upon a foundation.
N.D.C.C. § 35-27-21 · Official text · retrieved 2026-10-02

Notice of intent

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultAt least ten days before the recording of the construction lienStatute: N.D.C.C. § 35-27-02(4)
What the statute says about it. Recipients: The legal or equitable owner of the real estate. Delivery: Certified mail
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultAt least ten days before an action to enforce the lien is commenced, by personal service, or at least twenty days before, by registered mailStatute: N.D.C.C. § 35-27-24
What the statute says about it. Recipients: The legal or equitable owner of the property affected. Delivery: Personal service, or registered mail directed to the owner's last-known address
Written notice a lien will be claimed must be given to the legal or
N.D.C.C. § 35-27-02(4) · Official text · retrieved 2026-10-02
equitable owner of the real estate by certified mail at least ten days before the recording of the construction lien.
N.D.C.C. § 35-27-02(4) · Official text · retrieved 2026-10-02
Before a lienholder may enforce a lien, the lienholder shall give written notice of the lienholder's intention so to do, which notice must be given by personal service upon the legal or equitable owner of the property affected at least ten days before an action to enforce the lien is commenced, or by registered mail directed to the owner's last-known address at least twenty days before the action is commenced.
N.D.C.C. § 35-27-24 · Official text · retrieved 2026-10-02

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault90 days after all the person's contribution is doneStatute: N.D.C.C. § 35-27-13; N.D.C.C. § 35-27-14
What the statute says about it. A failure to file within ninety days does not defeat the lien except as against purchasers or encumbrancers in good faith and for value whose rights accrue before the lien is filed, and as against the owner to the extent of the amount paid to a contractor before the recording of the lien.
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault3 years after the first item of material is furnishedStatute: N.D.C.C. § 35-27-14
Every person desiring to perfect the person's lien shall record with the recorder of the county in which the property to be charged with the lien is situated, within ninety days after all the person's contribution is done, and having complied with the provisions of this chapter, a lien describing the property and stating the amount due, the dates of the first and last contribution, and the person with which the claimant contracted.
N.D.C.C. § 35-27-13 · Official text · retrieved 2026-10-02
A failure to file within ninety days does not defeat the lien except as against purchasers or encumbrancers in good faith and for value whose rights accrue before the lien is filed, and as against the owner to the extent of the amount paid to a contractor before the recording of the lien.
N.D.C.C. § 35-27-14 · Official text · retrieved 2026-10-02
A lien may not be filed more than three years after the date of the first item of material is furnished.
N.D.C.C. § 35-27-14 · Official text · retrieved 2026-10-02

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault3 years after the lien is recordedStatute: N.D.C.C. § 35-27-25
What the statute says about it. If a lis pendens is not recorded within that time, the lien is deemed satisfied.
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyUpon written demand by or on behalf of the owner, delivered to the lienor and filed with the county recorderWithin thirty days after the date of delivery of the demandStatute: N.D.C.C. § 35-27-25
What the statute says about it. If suit is not commenced and filed and a lis pendens recorded within that time, the lien is forfeited.
A lien is not valid, effective, nor enforceable, unless the lienor commences an action and records with the county recorder a lis pendens within three years after the date of recording of the lien.
N.D.C.C. § 35-27-25 · Official text · retrieved 2026-10-02
If a lis pendens is not recorded within the limitations provided by this section, the lien is deemed satisfied.
N.D.C.C. § 35-27-25 · Official text · retrieved 2026-10-02
Upon written demand by or on behalf of the owner which has been delivered to the lienor and filed with the county recorder, suit must be commenced and filed and a lis pendens as provided in chapter 28-05 must be recorded within thirty days after the date of delivery of the demand or the lien is forfeited.
N.D.C.C. § 35-27-25 · Official text · retrieved 2026-10-02

How the days are counted

The day of the event is not counted, and the last day of the period is.

The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last is a holiday, and then it also is excluded.
N.D.C.C. § 1-02-15 · Official text · retrieved 2026-10-02

A last day that falls on a Sunday or a legal holiday moves to the next day that is not one.

Holidays are as follows: 1. Every Sunday. 2. The first day of January, which is New Year's Day. 3. The third Monday of January, which is Martin Luther King Day, in recognition of the life, legacy, and dream of Martin Luther King, Jr. 4. The third Monday in February, in recognition of the birthday of George Washington. 5. The Friday next preceding Easter Sunday and commonly known as Good Friday. 6. The last Monday in May, which is Memorial Day. 7. The fourth day of July, which is the anniversary of the Declaration of Independence. 8. The first Monday in September, which is Labor Day. 9. The eleventh day of November, which is Veterans' Day. 10. The fourth Thursday in November, which is Thanksgiving Day. 11. The twenty-fifth day of December, which is Christmas Day. 12. Every day appointed by the President of the United States or by the governor of this state for a public holiday.
N.D.C.C. § 1-03-01 · Official text · retrieved 2026-10-02

When the act is one appointed by law or contract to be performed upon a particular day, a last day that is a Saturday also moves.

Whenever an act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, that falls upon a Saturday or a holiday, the act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.
N.D.C.C. § 1-03-05 · Official text · retrieved 2026-10-02

The lien deadline calculator does not model Good Friday (N.D.C.C. § 1-03-01 sets it as the Friday next preceding Easter Sunday, whose date changes each year), so a date it counts may move later.

If the first day of January, the fourth day of July, the eleventh day of November, or the twenty-fifth day of December falls upon a Sunday, the Monday following shall be the holiday.
N.D.C.C. § 1-03-02 · Official text · retrieved 2026-10-02
If any of the holidays enumerated in section 1-03-02 fall on a Saturday, the Friday immediately before shall be the holiday.
N.D.C.C. § 1-03-02.1 · Official text · retrieved 2026-10-02

Who the deadlines apply to

Each North Dakota rule here is listed for any project type. What separates the rules is role and condition.

Most stages name the same five roles: the direct contractor, the subcontractor, the sub-subcontractor, the supplier and the laborer. That holds for the default preliminary notice row, which reads None required [1], for both notice of intent rules, for both lien filing rules and for both rules at the deadline to sue.

One rule is narrower. The seller's notice under § 35-27-21 names direct contractors, subcontractors, sub-subcontractors and suppliers, and leaves laborers out [1].

How the periods run

The seller's notice. This rule carries its own condition. For the seller, when material is furnished for an original, complete, and independent building, structure, or improvement, the rule reads At the time the material is furnished for such improvement [1]. The calculator counts no date for it.

Before the lien is recorded. Section 35-27-02(4) calls for written notice that a lien will be claimed, given At least ten days before the recording of the construction lien [1]. The period counts back from the recording, and the calculator draws no date for it.

Recording the lien. Two default filing rules stand side by side, and each names all five roles. One reads 90 days after all the person's contribution is done [1]. The other, from § 35-27-14, reads 3 years after the first item of material is furnished [1].

Section 35-27-14 also says what follows a filing later than the § 35-27-13 period: the lien is not defeated, except as against good-faith purchasers or encumbrancers for value whose rights accrue before it is filed, and as against the owner to the extent of amounts paid to a contractor before it is recorded [1].

Suing to enforce. The default rule reads 3 years after the lien is recorded [1]. Under § 35-27-25, the lien is not enforceable unless the lienor commences an action and records a lis pendens with the county recorder within that time [1]. If a lis pendens is not recorded within that time, the statute deems the lien satisfied [1].

Before the action, § 35-27-24 adds a notice of intention to enforce. Its rule reads At least ten days before an action to enforce the lien is commenced, by personal service, or at least twenty days before, by registered mail [1]. Because it counts back from the action, no date is drawn.

Upon written demand by or on behalf of the owner, delivered to the lienor and filed with the county recorder, the rule reads Within thirty days after the date of delivery of the demand [1]. If suit is not commenced and filed and a lis pendens recorded within that time, the lien is forfeited [1]. Delivery of the demand is not one of the calculator's inputs, so it shows the wording in place of a date.

Counting the days

Section 1-02-15 leaves out the first day of a period and includes the last [2]. A last day that is a holiday is excluded as well [2], and § 1-03-01 lists every Sunday among the holidays [3]. That rolling reaches every stage on this page.

Section 1-03-01 also names the dated holidays, and §§ 1-03-02 and 1-03-02.1 shift New Year's Day, the fourth of July, Veterans' Day and Christmas Day to the Monday after when one falls on a Sunday, or to the Friday before when one falls on a Saturday [3].

Saturdays are handled apart. When the act is one appointed by law or contract to be performed upon a particular day, § 1-03-05 lets it be performed on the next business day, so a last day on a Saturday may move later [3].

Related

Lien deadlines: other states

Sources

  1. N.D.C.C. ch. 35-27, North Dakota Legislative Branch (retrieved 2026-10-02)
  2. N.D.C.C. ch. 1-02, North Dakota Legislative Branch (retrieved 2026-10-02)
  3. N.D.C.C. ch. 1-03, North Dakota Legislative Branch (retrieved 2026-10-02)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island and South Carolina.
  3. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  4. : 10 more jurisdictions published: Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi and Missouri.
  5. : Dataset first published: 9 of 51 jurisdictions published.