![]() ![]() ![]() And, lenders will not be entitled to file a mechanics lien since they haven't performed work or furnishing materials which has improved the project property, themselves. Note, though, that the kind of lien a construction lender may obtain against the project property operates separately from a traditional mechanics lien claim. This is true even if payment is supposed to come from someone other than the property owner - such as a construction lender. ![]() If someone has performed work on your property but has gone unpaid for their work, then they may well be entitled to file a mechanics lien against the project property. It may be best practice, then, for a lien claimant to treat the period as beginning to run from the start of the project if the primary 90-day period is missed. It is unclear, however, whether the three-year period starts to run from the first furnishing of labor or materials on the project as a whole, or the first furnishing of labor or materials by the potential lien claimant. In any event, even a late mechanics lien must be filed within 3 years from the first furnishing of labor or materials to the project. It will also be invalid as to the owner of the property to the extent that the property owner has paid the general contractor prior to the filing of the lien. In North Dakota, a lien claimant must file a mechanics lien within 90 days after the last date on which the lien claimant furnished labor or material to the project in order to receive full protection.Ī lien may be filed later, but a belated lien will not be valid as to purchasers or encumbrances the rights of which accrue prior to the filing of the lien. ![]()
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