Notice of Intent to Claim LienND Cent. Code §§ 35-27-01 et seq.

North Dakota Preliminary Notice Requirements

North Dakota requires you to send a "Notice of Intent to Claim Lien" to protect your mechanics lien rights. Here's everything you need to know — who to send it to, when to send it, and how to deliver it.

Notice Required?

Yes

Must send to preserve lien rights

Deadline

10 days

From first furnishing

Late Notice?

No

Send on time

Notice Type

Intent to Lien

Understanding Preliminary Notices in North Dakota

North Dakota uses an intent-to-lien system, which works differently from a preliminary notice. You don't need to send anything at the beginning of a project. Instead, if you haven't been paid and you're planning to file a mechanics lien, you first send a “Notice of Intent to Claim Lien”.

Think of it as a formal demand letter that says: “I haven't been paid for my work, and if you don't resolve this, I'm going to file a lien on your property.” It gives the property owner one final opportunity to pay before you take legal action. Many payment disputes are actually resolved at this stage — the notice itself is often enough motivation for owners to pay up.

Who Needs to Send a Preliminary Notice in North Dakota?

This applies to nearly everyone who works on a construction project and wants to protect their payment rights. That includes general contractors, subcontractors (electricians, plumbers, roofers, etc.), material suppliers (lumber, concrete, fixtures), equipment rental companies, laborers, architects and engineers, and surveyors. The specific rules — like who you need to notify and your deadline — depend on your role. Check the table below to see exactly what applies to you.

Why Preliminary Notices Matter

The Notice of Intent to Claim Lien is what keeps your lien rights active in North Dakota. It's standard paperwork — sending it on time protects your payment on every project.

Who Must Receive the Notice of Intent to Claim Lien?

Who you need to notify depends on your role on the project. Here's a simple breakdown:

If You Are A...You Must Notify...
General ContractorProperty Owner
SubcontractorProperty Owner
Material SupplierProperty Owner
LaborerProperty Owner
Equipment Rental CompanyProperty Owner
Architect / Engineer / SurveyorProperty Owner

How to Deliver the Notice in North Dakota

Use one of the approved delivery methods below to make sure your notice is valid. North Dakota accepts these methods:

Certified Mail — You send via USPS and get a green receipt card proving the notice was delivered. This is the gold standard because it creates clear proof of delivery.

Statutory Notice Language

North Dakota law requires your Notice of Intent to Claim Lien to include specific warning language. This isn't language you write yourself — it's exact wording specified by ND Cent. Code §§ 35-27-01 et seq.. Using the wrong language (or leaving it out) can invalidate your notice. LienGrid automatically includes the correct statutory language for North Dakota.

Owner Warning Language (excerpt from ND Cent. Code §§ 35-27-01 et seq.)

NOTICE: The undersigned will claim a construction lien against your property for goods, materials, or services furnished. Under North Dakota law, failure to pay may result in a lien and potential foreclosure.

Official North Dakota Resources

These are official state government websites where you can look up statutes, verify contractor licenses, and search business registrations.

State Legislature

Look up North Dakota lien statutes and laws

North Dakota Legislative Assembly

Contractor Licensing

Verify licenses and check requirements

North Dakota Licensing

Secretary of State

Business entity search and registration

North Dakota Secretary of State

Preliminary Notice Requirements by County in North Dakota

Select your county for specific guidance on sending preliminary notices in your area.

53 counties found

AdamsBarnesBensonBillingsBottineauBowmanBurkeBurleighCassCavalierDickeyDivideDunnEddyEmmonsFosterGolden ValleyGrand ForksGrantGriggsHettingerKidderLaMoureLoganMcHenryMcIntoshMcKenzieMcLeanMercerMortonMountrailNelsonOliverPembinaPierceRamseyRansomRenvilleRichlandRoletteSargentSheridanSiouxSlopeStarkSteeleStutsmanTownerTraillWalshWardWellsWilliams

North Dakota Preliminary Notice FAQ

Common questions about preliminary notices in North Dakota, answered so anyone can understand.

A preliminary notice is a simple document you send near the beginning of a construction project to let the property owner (and sometimes the general contractor and lender) know that you're working on their property. It's NOT a threat, a lien, or a sign that something is wrong — it's a standard business practice required by law in many states. Think of it as "checking in" to say: "I'm providing labor/materials on this project, and I expect to be paid." In North Dakota, this document is officially called the "Notice of Intent to Claim Lien" and is governed by ND Cent. Code §§ 35-27-01 et seq..
Yes, North Dakota requires it. If you skip this step, you could lose your right to file a mechanics lien later — which means you'd have much less legal leverage if you don't get paid. In North Dakota, you send the "Notice of Intent to Claim Lien" before filing a mechanics lien, as a final demand for payment. The notice requirement exists to ensure transparency on construction projects — everyone involved should know who is providing labor and materials.
You have 10 days from the date you FIRST provide labor or materials to the project. Your "clock starts" on your very first day of work or your first delivery. For example, if you delivered lumber on March 1st, you'd need to send the Notice of Intent to Claim Lien by 10 days later. Pro tip: send the notice as soon as you start a project — don't wait until the deadline is close.
In North Dakota, it's officially called the "Notice of Intent to Claim Lien" (formal document title: "NOTICE OF INTENT TO CLAIM CONSTRUCTION LIEN"). Different states use different names for essentially the same concept — you might hear it called a "preliminary notice," "notice to owner," "notice of furnishing," or "pre-lien notice" depending on the state. The North Dakota version follows the requirements laid out in ND Cent. Code §§ 35-27-01 et seq..
It depends on your role on the project. Here's a simple breakdown: General Contractors (hired directly by the owner) must notify: the property owner. Subcontractors (hired by the GC or another sub) must notify: the property owner. Material Suppliers must notify: the property owner. Laborers follow the same rules as subcontractors and must notify: the property owner. Equipment rental companies follow material supplier rules and must notify: the property owner. Design professionals (architects, engineers, surveyors) must notify: the property owner. It's critical to send the notice to ALL required parties — missing even one can weaken your legal standing.
North Dakota accepts these delivery methods: Certified Mail. Most people use certified mail because it gives you a receipt proving the notice was sent AND received — this is your proof if there's ever a dispute. Keep the receipt and tracking number in your project file. Important: if you use a delivery method that isn't on the approved list, your notice could be considered legally invalid even if the recipient actually received it. Don't take shortcuts with delivery.
Yes — North Dakota requires the Notice of Intent to Claim Lien to include specific warning language spelled out in ND Cent. Code §§ 35-27-01 et seq.. This isn't language you make up yourself. The state has exact wording that must appear on the notice, explaining to the property owner their rights and the potential consequences of unpaid work. Using the wrong language (or leaving it out) could make your notice invalid. This is one reason many contractors use tools like LienGrid — it automatically includes the correct statutory language for North Dakota so you don't have to worry about getting it wrong.
This is a big deal: if you skip the required Notice of Intent to Claim Lien in North Dakota, you could completely lose your right to file a mechanics lien. That means if you're not paid for $50,000 worth of work, you might have no lien to fall back on. You could still pursue other legal options like breach of contract lawsuits, but those are more expensive and time-consuming than filing a lien. The preliminary notice is your insurance policy — a small upfront step that protects potentially large payments down the road. Never skip it.
North Dakota's Notice of Intent to Claim Lien requirements apply to both types of projects, but there can be important differences. Residential projects (homes, condos, small apartments) often have extra protections for homeowners — for example, some states require additional disclosures or have shorter deadlines for residential work. Commercial projects (offices, retail spaces, industrial buildings) may have different thresholds or requirements. Always check ND Cent. Code §§ 35-27-01 et seq. for the specific rules that apply to your project type, or use a compliance tool like LienGrid that automatically adjusts for the project type.
Yes — LienGrid automates the entire preliminary notice process for North Dakota. Instead of manually tracking deadlines, looking up who needs to receive the notice, and making sure you use the right legal language, LienGrid does it all for you. The platform generates your Notice of Intent to Claim Lien with the correct North Dakota statutory language, identifies every required recipient, tracks your 10-day deadline, and can even send the notice via Certified Mail on your behalf. It's the easiest way to stay compliant and protect your right to get paid. Try it free — no credit card required.
View North Dakota mechanics lien filing requirements

Preliminary Notice Rules in Neighboring States

Minnesota →Montana →South Dakota →
Content reviewed by LienGrid's compliance team|Last reviewed: March 2026

This information is for general guidance only and does not constitute legal advice. North Dakota laws change frequently — always verify current requirements and consult a licensed attorney in the relevant jurisdiction before taking legal action. LienGrid makes every effort to keep this information accurate, but we cannot guarantee completeness or currency.

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