Claim for public improvement - Suit on contractor's bond
N.D. Cent. Code § 48-01.2-11
in effect48-01.2-11. Claim for public improvement - Suit on contractor's bond
A person that has furnished labor or material for any public improvement for which a bond is
furnished and has not been paid in full within ninety days after completion of the contribution of
labor or materials may sue on the bond for the amount unpaid at the time of institution of suit.
However, a person having a direct contractual relationship with a subcontractor, but no
contractual relationship with the contractor furnishing the bond, does not have a claim for relief
upon the bond unless that person has given written notice to the contractor, within ninety days
from the date on which the person completed the contribution, stating with substantial accuracy
the amount claimed and the name of the person for which the contribution was performed. The
notice must be served by registered mail in an envelope addressed to the contractor at any
place the contractor maintains an office, conducts business, or has a residence.
A governing body shall provide a certified copy of the bond and the contract for which the
bond was given to any individual who submits an affidavit that either the individual has supplied
labor or materials for the improvement and that payment has not been made or that the
individual is being sued on the bond. The individual requesting the copy shall pay the actual
cost of the preparation of the certified copy of the bond and the contract. The certified copy of
the bond is prima facie evidence of the contents, execution, and delivery of the original.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t48c01-2.pdf#nameddest=48-01p2-11Fetched: 10/16/2026