State Information | Montana | National Lien Services

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	Conditional, 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.

Prime/ Original / General Contractors (GCs): Private/Commercial: Prime contractors may be exempt from some prelien requirements depending on project type and privity.

Subcontractors/Trade Partners (Subs): Private/Commercial: Subcontractors generally should serve Notice of Right to Claim Lien within 20 days of first furnishing.

Second-tier Subcontractors: Private/Commercial: Second-tier subs should serve and record notice promptly, then monitor filing/enforcement deadlines.

Lower-tier Subcontractors: Private/Commercial: Lower-tier parties should verify commercial-project exemptions before relying on them.

Material Suppliers: Private/Commercial: Suppliers should timely serve and record notice unless exempt by project classification.

Equipment Lessors: Private/Commercial: Equipment lessors should confirm applicability and preserve rights through prompt notice and recording.

Second-tier Material Suppliers: Private/Commercial: Second-tier suppliers should carefully track first-furnishing dates and 20-day notice windows.

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 online lien-related information for construction project parcels—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.

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.

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Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Montana