Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Montana
Montana
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Montana Quick Overview
| Pursuant Code | Mont. Code Ann. §§ 71-3-521 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| MT Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 1 to 3 years | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | ||
| Prelien Minimum Information | Date of mailing, owner's name and address, name and address of claimant, property description, and statutory notice language under § 71-3-532(3)(g) | |
| Prelien Minimum Notifications | Owner | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Montana by Role
Montana requires a Notice of Right to Claim Lien for most subcontractors and suppliers, especially on non-commercial jobs. The notice must be served on the owner and recorded promptly to preserve lien rights.
Mechanic's Liens in Montana
In Montana, contractors, subcontractors, and material suppliers can file a mechanics lien to secure payment for labor or materials provided to a private project. A Notice of Right to Claim Lien must generally be served within 20 days of first furnishing labor or materials and filed within 5 business days of service, although commercial project participants may be exempt from the notice requirement. The lien itself must be recorded within 90 days after the last date labor or materials were furnished (or after the owner's notice of completion is filed). Enforcement actions must be initiated within 2 years from filing the lien.
Bond Claims in Montana
On public works projects in Montana, claimants can pursue a bond claim for unpaid labor or materials. While a preliminary notice may not be required for most public projects, claimants should verify bond-specific notice obligations. Generally, a claim must be filed timely in accordance with the terms of the bond or applicable public contracting requirements, and suit deadlines will depend on the statute or bond language.
Construction Lien Waivers in Montana
Required Format: Montana does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Montana does not require waivers to be notarized.
Montana does not prescribe statutory lien waiver forms. Waivers are governed by contract and general waiver law, and parties should ensure language is clear and unambiguous.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Montana counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Montana
Montana Department of Administration - Architecture and Engineering Division (Public Works Projects)
Check out this 'X' list for Montana created by Prelien Pro!
Frequently Asked Questions (FAQs) on Montana Lien Processes for Contractors
Is a preliminary notice required to protect lien rights in Montana?
Yes, in most cases a Notice of Right to Claim Lien must be served on the property owner within 20 days of first furnishing labor or materials, and filed with the county clerk and recorder within 5 business days after service. However, commercial project participants are typically exempt.
What is the deadline to file a mechanics lien in Montana?
A mechanics lien must be filed within 90 days after the last date labor or materials were provided, or within 90 days after the owner files a notice of completion, whichever is earlier.
What happens if I miss the 20-day notice deadline in Montana?
Failure to serve and record the Notice of Right to Claim Lien within the 20-day window may result in the loss of lien rights unless you are exempt, such as furnishing to a commercial project where notice is not required.
How long do I have to enforce my Montana mechanics lien after filing?
You must commence a foreclosure action within 2 years from the date the lien was filed, or the lien will expire.
Do I need to send notice on public projects in Montana to make a bond claim?
Generally, no preliminary notice is required for public projects in Montana, but claimants should verify specific requirements with the public entity or the terms of the posted bond.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
