North Dakota Mechanic's Lien

State:
North Dakota
Control #:
ND-TH-096-01
Format:
PDF
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Description

Mechanic's Lien

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FAQ

A Release of Mechanic's Lien Bond is a type of surety bond that clears the mechanic's lien from the property. These bonds can also be called a Discharge of Mechanic's Lien Bond. By clearing the lien, the owner is free to sell or use the property for other purposes.

The release of lien bond allows the owner to discharge the mechanic's lien and returns the legal right to sell or deal with the property to the owner. The bond guarantees the contractor who placed the lien any payment that is still due to them with interest and cost should they win the case in a court of law.

The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.

When a contractor files a mechanics' (construction) lien on your home, the lien makes your home into what's called security for an outstanding debt, which the contractor claims is due and unpaid for services or materials.

First of all, you can sue your contractor for breach of contract, even without a written contract, and she can sue you as well.However, an alleged oral contract does create difficult evidentiary questions for the judge.

The most common way to reduce or even eliminate mechanic's lien risk is through the use of lien waivers. A lien waiver is a private agreement in which a party surrenders the right to file a lien in exchange for payment.

Even though these states may permit project participants to secure lien rights and claim a mechanics lien even without a written contract, it is generally best practice to have a signed written contract for work provided.

The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.

A mechanics lien is a legal claim on the property for unpaid construction work or supplies. Once claimants file a mechanics lien in California, the owner's property turns into collateral, allowing claimants to secure the service they rendered or the supplies they provided.

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North Dakota Mechanic's Lien