North Dakota Code § 35-27-01

Definitions
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In this chapter, unless the context or subject matter otherwise requires:
1. "Contract" means any agreement for improving real property, written or unwritten, 
express or implied.
2. "Improve" means to build, erect, place, make, alter, remove, repair, or demolish any 
improvement upon, connected with, or beneath the surface of any land, or excavate 
any land, or furnish materials for any of these purposes, or dig or construct any fences, 
wells, or drains upon the improvement, or perform any labor or services upon the 
improvement; perform any architectural services, construction staking, engineering, 
land surveying, mapping, or soil testing upon or in connection with the improvement; or 
perform any labor or services or furnish any materials in laying upon the real estate or 
in the adjoining street or alley any pipes, wires, fences, curbs, gutters, paving, sewer 
pipes or conduit, or sidewalks, or in grading, seeding, sodding, or planting for 
landscaping purposes, or in equipping any such improvement with fixtures or 
permanent apparatus.
3. "Improvement" means any building, structure, erection, construction, alteration, repair, 
removal, demolition, excavation, landscaping, or any part thereof, existing, built, 
erected, improved, placed, made, or done on real estate for its permanent benefit.
4. "Materials" means materials or fixtures that are incorporated in the improvement and 
those which become normal wastage in construction operations, custom or specially 
fabricated materials for incorporation in the improvement, building materials used for 
construction, but not remaining in the improvement, subject to diminution by the 
salvage value of the materials, tools, appliances, or machinery, excluding hand tools, 
used in the construction of the improvement to the extent of the reasonable value for 
the period of actual use. The rental value is not determinable by the contract for rental 
unless the owner is a party to the rental contract.
5. "Owner" means the legal or equitable owner and also every person for whose 
immediate use and benefit any building, erection, or improvement is made, having the 
capacity to contract, including guardians of minors or other persons.
6. "Person" means every natural person, fiduciary, association, corporation, or limited 
liability company.
7. "Subcontractor" means a person contributing any skill, labor, or materials to the 
improvement which does not have a direct contract with the owner; and, includes any 
person that enters a contract with a subcontractor, for the performance of any part of 
the subcontractor's contract.

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