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North Dakota law

Construction Defect Laws in North Dakota.

North Dakota construction defect claims are governed by the general 6-year statute of limitations for property damage and contract claims (N.D. Cent. Code § 28-01-16) and a 10-year statute of repose from substantial completion (N.D. Cent. Code § 28-01-44). Contractors are licensed through the North Dakota Secretary of State for in-state projects. Mechanics' liens (Construction Liens, Chapter 35-27) provide security for contractor payment. The recent construction boom from Bakken Shale development has produced significant construction-defect activity in western ND.

Last verified: 2026-04-17

State law

Statute of Limitations

6 years; 10-year statute of reposeN.D. Cent. Code §§ 28-01-16, 28-01-44

6-year general statute for property damage and contracts. 10-year statute of repose bars actions against designers, builders, or contractors more than 10 years after substantial completion.

State law

Key North Dakota Statutes

Contractor LicensingN.D. Cent. Code Chapter 43-07

Requires state contractor licensing for projects $4,000 and above. Administered by the ND Secretary of State.

Construction LiensN.D. Cent. Code Chapter 35-27

Contractors, subcontractors, laborers, and suppliers may file construction liens against improved real property. Filing deadline: 90 days from last furnishing.

Implied Warranty of Habitability (New Home)North Dakota common law

New-home builders impliedly warrant that the home is reasonably fit for habitation. Warranty may extend to subsequent purchasers.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in North Dakota.

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