North Dakota Lien Waiver Rules
- Rules At A Glance
- Top Links
No Specific Form
North Dakota does not require any specific lien waiver form. Any form may be used.
Notarization Not Required
North Dakota lien waivers are not required to be notarized.
Can Waive Rights in Contract
There is no specific prohibition on waiving future lien rights through contract, in North Dakota.
Can Waive Rights Before Payment
North Dakota does not prohibit waiving lien rights prior to payment.
North Dakota lien waivers can be very tricky.
Lien waivers are not heavily regulated in North Dakota, both with respect to form and language, or to timing. North Dakota statutes and case law seems to suggest that lien waivers (also sometimes called lien releases or releases) are treated just like any other contract.
This means that in North Dakota, construction participants ought to look very closely at what is being agreed upon in any contract and lien waiver document. Since lien rights appear to be able to be waived before work even begins, it is crucial to examine contracts for “no-lien” clauses. And, when waiving lien rights after work has been performed, or pursuant to payment, it’s worth making sure that there is not language hiding in the document that waives more than intended.
As such, good, clean, standard, and clear lien waiver forms and language is best practice for construction participants in North Dakota.
Below are some frequently asked questions about the lien waiver laws and requirements in North Dakota.
