North Dakota (ND)

North Dakota lien waiver requirements

North Dakota blocks the lien entirely once the owner holds a valid signed waiver.

N.D. Cent. Code Chapter 35-27

The short version

North Dakota construction liens are governed by N.D.C.C. Chapter 35-27. Section 35-27-02 takes a strong position: if the owner or the owner's agent holds a valid waiver of lien signed by the person who did the work, the lien is not allowed. That gives a signed waiver real weight in North Dakota. The statute does not prescribe a form, so the burden falls on the language.

At a glance

N.D.C.C. Chapter 35-27 governs construction liens
§35-27-02 blocks the lien when the owner holds a valid waiver
10-day certified-mail notice required before recording a lien
Both conditional and unconditional waivers are accepted

The valid-waiver defense at §35-27-02

Section 35-27-02 says no lien is allowed if the owner, trustee, or agent has received a valid waiver signed by the person improving the property. That makes the waiver a complete defense, not just a settlement.

But the waiver has to be valid, and North Dakota doesn't give you a checklist. The safe play is a clear statement of the amount, the project, the through-date, and a direct release of lien rights under Chapter 35-27. Generic boilerplate invites a fight.

The 10-day certified-mail notice rule

Before recording a construction lien, a claimant must give the legal or equitable owner at least 10 days' written notice by certified mail. That's a short fuse and a hard requirement.

When you see one of those notices land, the work hasn't been recorded yet. There's still time to pay, collect a waiver, and avoid the lien altogether. Speed matters in those 10 days.

Contract flexibility North Dakota gives you

North Dakota law allows parties to waive lien rights in the contract itself, which is rare. That doesn't mean you should put advance waivers in every subcontract. Advance waivers hand all the power to the owner before the sub has been paid, and most subs won't sign without pushback.

Use that flexibility selectively. For larger subs, payment-conditioned waivers still build a cleaner paper trail. The contract clause is a backup, not the main tool.

Questions

Can a signed waiver block a North Dakota lien outright?

Yes. N.D.C.C. §35-27-02 disallows the lien if the owner holds a valid signed waiver.

Does North Dakota require a statutory waiver form?

No. The statute does not prescribe a form.

Are advance lien waivers enforceable in North Dakota?

Yes. North Dakota allows lien rights to be waived in the contract, unlike most states.

Send a North Dakota waiver in two minutes.

The right form, the right notice, signed on a phone. Released when the check clears.

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