Repairmen’s Liens – A Complex But Powerful Remedy
Some of the various laws and complications associated with repairman’s liens include the following elements:
- Deadlines: In the state of North Dakota, a person does not need to file any statement to perfect the lien if the person retains possession of the property. If possession is not retained, a repairman’s lien must be filed within 90 days after the last date on which they provided labor or materials to a project.
- Notices: A person filing a repairman’s lien must serve the legal possessor of the property by registered mail with notice of the filing within 30 days of the filing of the repairman’s lien.
- Amounts Included in Lien. In the state of North Dakota, in general, a lien is limited to the agreed upon amount or the reasonable value of work done. Damages like attorney fees or consequential damages cannot be added in the amount of the lien.
- Discharge of the Lien. There is not a specific provision in the state of North Dakota about what party is responsible for discharging a lien when the obligation created by the lien is paid. When liens are placed against property, any payment in satisfaction of the lien is considered in the lien’s release.
Speak with a Knowledgeable Business Law Attorney
Given the complexities of mechanics’ lien law, it is critical for contractors, material suppliers, and subcontractors to speak with an attorney knowledgeable in this area of law before taking on a new project. Fortunately, Steve Welle at O’Keeffe O’Brien Lyson Attorneys understands the complexities of this area of law. Contact Steve by email or by calling him at 701-235-8000 or 877-235-8002.
