North Dakota 2023-2024 Regular Session

North Dakota Senate Bill SB2311

Introduced
1/16/23  
Refer
1/16/23  
Report Pass
2/3/23  
Engrossed
2/8/23  
Refer
2/17/23  
Report Pass
3/24/23  
Refer
3/29/23  
Report Pass
4/7/23  
Enrolled
4/13/23  

Caption

Well or pipeline construction liens and construction liens.

Impact

The proposed changes in SB2311 could significantly reshape the landscape of construction obligations for oil and gas projects within North Dakota. The bill aims to ensure protections for contractors and suppliers, allowing them to secure payment for their contributions toward well and pipeline constructions. Additionally, it stipulates that notices regarding lien claims must be precisely communicated to owners to prevent misunderstandings in lien enforcement, thus aiming to promote transparency in transactions related to construction work in the natural resources sector.

Summary

Senate Bill No. 2311 seeks to amend and reenact specific sections of the North Dakota Century Code concerning the statutes governing construction liens applicable to well or pipeline construction. The bill's primary aim is to clarify and optimize the legal framework surrounding the claims of construction liens for individuals and entities who supply labor, materials, or services related to natural gas, oil, or gasoline pipelines. The amendments include tightening the definitions of whom can claim such liens and the conditions under which they can be enforced.

Sentiment

The sentiment around SB2311 appears to be generally supportive, particularly among construction professionals and industry stakeholders who see it as a necessary step to safeguard their interests. The expectation is that clearer regulations surrounding liens will facilitate smoother operations within the market, thereby reducing the occurrence of disputes. However, there are hints of contention, especially from parties concerned about the implications of stringent lien requirements, which may affect small contractors who might struggle with compliance.

Contention

Notable points of contention arise from the bill’s stipulations about lien notices and the related processes for filing. Critics argue that these requirements could disproportionately impact smaller entities that fear onerous bureaucratic hurdles to enforce their rights under the law. Additionally, there is anxiety surrounding potential changes in how liens may affect property rights of owners, raising questions about the balance of interests between contractors and property owners. If passed, SB2311 could generate a broader debate on how best to protect both construction professionals and property rights holders in the context of evolving energy and resource management.

Companion Bills

No companion bills found.

Previously Filed As

ND S0352

Construction Liens

ND H0893

Construction Liens and Bonds

ND HB1323

A claimant's right to maintain a construction lien for furnishing materials and improvements.

ND SB150

Add provisions regarding construction and maintenance of livestock pipelines on highways.

ND SB2465

Construction liens; failure to file notice within certain period of time shall invalidate claim of lien.

ND SB0119

Preconstruction and Construction Liens Amendments

ND HB288

Require construction project owners to timely pay contractors

ND HB203

Require private construction project owner timely pay contractors

ND SB2261

Wind energy facility liens.

ND AB505

Revises provisions relating to constructional defects. (BDR 3-1144)

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