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Lien waivers by state · North Dakota

North Dakota lien waiver requirements

North Dakota is a non-statutory state

North Dakota's construction (mechanics) lien law is codified at N.D.C.C. chapter 35-27. The statute recognizes lien waivers — § 35-27-02(3) provides that if the owner "has received a valid waiver of lien, signed by the person that improves the real estate, a lien is not allowed" — but it does not prescribe any waiver form, language, or execution formalities. There is no statutory waiver form, no required statutory language, and no notarization requirement; lien waivers are governed by ordinary contract principles and need only be clear, unambiguous, and signed by the party waiving its rights. Both conditional and unconditional waivers are accepted, and North Dakota does not prohibit waiving lien rights in advance of payment. On the lien side, a claimant must record its lien within 90 days after its last contribution (§ 35-27-13), with an outer limit of three years from the first item furnished (§ 35-27-14), and must give the owner written notice that a lien will be claimed by certified mail at least 10 days before recording (§ 35-27-02(4)). This summary is general information, not legal advice.

Statute: N.D. Cent. Code ch. 35-27 (Construction Lien); no separate waiver statute

North Dakota lien waiver forms

The four standard waiver-and-release types and North Dakota’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: North Dakota does not require lien waivers to be notarized. A party may still request notarization, but it is not a statutory condition of validity.
Mandatory statutory language: No statute prescribes specific waiver language. Waivers are governed by contract law and must be clear and unambiguous; they should state the amount waived and the property affected and be signed by the waiving party.
Electronic signatures accepted

Key North Dakota deadlines

Preliminary / pre-lien notice: No general preliminary notice is required to preserve lien rights in North Dakota.
Notice of intent to lien: Required: written notice that a lien will be claimed must be given to the property owner by certified mail at least 10 days before recording the construction lien.
Mechanics lien filing deadline: Record within 90 days after the claimant's last furnishing of labor or materials (for full priority); a later filing is valid against the owner but loses priority against intervening good-faith purchasers/lienholders.

North Dakota lien waiver FAQ

Does North Dakota require a specific lien waiver form?

No. North Dakota does not have or require a statutory lien waiver form. Waivers may be freely worded but should clearly state the amount being waived and the property involved and be signed by the waiving party.

Do lien waivers need to be notarized in North Dakota?

No. North Dakota does not require lien waivers to be notarized, though a party may request it.

Can lien waivers be signed electronically in North Dakota?

Yes. North Dakota has adopted the Uniform Electronic Transactions Act (N.D. Cent. Code ch. 9-16), under which electronic signatures generally have the same legal effect as handwritten ones, and the state imposes no statutory rule barring e-signed waivers.

What is the deadline to file a mechanics lien in North Dakota?

A construction lien should be recorded with the county recorder within 90 days after the claimant's last furnishing of labor or materials to preserve full priority; a written 10-day notice of intent must first be sent to the owner by certified mail. Filing after 90 days is still valid against the owner but loses priority against intervening good-faith purchasers and lienholders (N.D. Cent. Code ch. 35-27).