Filing deadline

Record with the County Recorder of each county holding the property within 90 days of the claimant's last substantial labor or materials (warranty/repair trips don't count). A late filing does not automatically void the lien - it only loses priority against good-faith purchasers/encumbrancers who intervene and against owner payments made after day 90 - but the lien must in any event be filed within 3 years of the first furnishing.

Notice prerequisites

Nothing is due before work starts, but two mid-stream notices are mandatory: (1) a written Notice of Intention to Claim a Construction Lien must go to the owner by certified mail at least 10 days before the lien is recorded; (2) before suing, a Notice of Intention to Enforce must be given to the record owner at least 10 days ahead (personal service) or 20 days ahead (registered/certified mail).

Service on the owner

No copy of the recorded lien itself need be served; the mandatory contacts are the certified-mail 10-day pre-recording notice and the pre-suit notice to the owner described above.

Enforcement

Foreclosure action in the district court of the property's county within 3 years of recording, and the summons and complaint must actually be filed with the clerk within that period (unusual for ND practice, where filing is normally deferred). An owner/agent/contractor demand compresses this to 30 days to file suit or the lien is forfeited. No lis pendens requirement stated.

N.D. Cent. Code ch. 35-27 (esp. sec. 35-27-02, -13, -14, -24, -25, -26); ch. 35-24 (oil and gas well liens)