What North Dakota requires
- Contracts, repair estimates and work orders for insurance-paid work print the law's warning, in capitals at 14 point, that rebating a deductible breaks North Dakota insurance law and that the homeowner pays the deductible personally; the named insured signs it and the contractor sends it to the insurer before any proceeds are paidN.D.C.C. 26.1-39.2-06
- Ahead of any repair or replacement, the contractor hands both the insured and the insurer an itemized list of the work, materials, labor and fees with the agreed total; the list cannot keep either of them from adding other goods or services that finishing the repair of a covered loss needsN.D.C.C. 26.1-39.2-05
- The homeowner has until midnight of the fifth business day after signing, or after the insurer's written word that all or part of the claim is not covered if that comes later, to cancel an insurance-paid contract. The contract must say so, the cancellation can be any signed and dated written notice and includes a copy of the insurer's notice when there is one, and within ten days the contractor hands back payments, deposits and notes, keeping only the reasonable value of emergency work the owner approved in writingN.D.C.C. 26.1-39.2-02
- Offering to rebate part of the deductible to sell the job is prohibited; that covers taking an allowance or discount off the fees, or paying the insured or anyone tied to the home in any form, with only items of nominal value allowedN.D.C.C. 26.1-39.2-03
- When a homeowner assigns post-loss insurance benefits to a residential contractor, the contractor can at most be named a copayee; the insurer gets the assignment within five business days; it says the contractor promised nothing about full coverage, prints the law's capitalized 14-point warning and a statement of the cancellation right, and leaves the mortgagee's interest and the insurer's contact with the insured untouchedN.D.C.C. 26.1-39.2-04
- Any breach of chapter 26.1-39.2 makes the contract void. The chapter reaches anyone repairing or replacing roof coverings, sheathing, weatherproofing or insulation on homes for one to four families, other exterior and interior or exterior cleanup contractors, and anyone who arranges, manages or processes that workN.D.C.C. 26.1-39.2-01, 26.1-39.2-07
- No one may act as a contractor in North Dakota on a job whose cost, value or price exceeds 4,000 dollars without a license from the secretary of state; doing so is a class A misdemeanor. Taking payment and then failing to start within 60 days of a written start date (90 days of the contract date when none is set), or to finish within the law's limits, can be construction fraud, a felony graded by the amount receivedN.D.C.C. 43-07-02
- Before repairing (other than emergency repair) or suing over a defect in building a one- or two-family dwelling, or in an improvement worth more than 2,000 dollars to a dwelling, the owner mails the contractor written notice within six months of learning of the defect; the contractor inspects, responds and, if appropriate, fixes it within a reasonable time (30 business days or less). The contractor gives the owner written notice of this rule when the improvement is completedN.D.C.C. 43-07-26
Estimates paid by insurance
In North Dakota the warning about deductibles travels with the paperwork: every contract, repair estimate or work order for insurance-paid work prints it in 14-point capitals, the named insured signs it, and the insurer receives it before paying. Before the crew starts, the owner and the insurer both get an itemized work list with the agreed total.
The owner keeps a five-business-day window to back out, counted from signing or from a written denial, whichever ends later, and the contract has to spell that out. Refunds are due within ten days, less any emergency work the owner approved in writing. A contractor who breaks any of these rules is left with a void contract.
Assignments, licensing and warranty notices
If the owner assigns the insurance benefits, the contractor becomes at most a copayee, the insurer sees the assignment within five business days, and the document carries its own capitalized warning. Separately, the secretary of state licenses contractors for any job over 4,000 dollars, and pocketing a deposit for a roof that never starts can be charged as construction fraud.
When a roof replacement or other improvement over 2,000 dollars is finished, the contractor gives the owner written notice of the defect rule: the owner reports a defect in writing within six months of finding it, and the contractor gets a reasonable time to inspect and respond.
Common mistakes
- Sending an insurer an estimate that lacks the deductible warning in 14-point capitals.
- A contract that never mentions the five-business-day cancellation right.
- Tearing off shingles before the insurer and owner have the itemized work list.
- Bidding a roof over 4,000 dollars without a North Dakota contractor license.
- Finishing a reroof without giving the owner the written warranty defect notice.
Sources
- N.D.C.C. 26.1-39.2-06, checked October 17, 2026
- N.D.C.C. 26.1-39.2-05, checked October 17, 2026
- N.D.C.C. 26.1-39.2-02, checked October 17, 2026
- N.D.C.C. 26.1-39.2-03, checked October 17, 2026
- N.D.C.C. 26.1-39.2-04, checked October 17, 2026
- N.D.C.C. 26.1-39.2-01, 26.1-39.2-07, checked October 17, 2026
- N.D.C.C. 43-07-02, checked October 17, 2026
- N.D.C.C. 43-07-26, checked October 17, 2026
Last reviewed October 17, 2026. Next review due January 17, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.