Montana Construction Lien FAQ

In Montana, a mechanics lien must be recorded within 90 days after the claimant last furnished labor, materials, equipment, or services to the project. 

Yes, in many cases. Subcontractors, suppliers, and other parties without a direct contract with the owner are generally required to send a Notice of Right to Claim a Lien. This notice must be sent within 20 days of first furnishing labor or materials (or 45 days in limited lender-funded, non-owner-occupied residential situations). 

Failure to send the notice does not automatically void the lien but limits lien rights to work performed shortly before the notice was sent.

Montana lien rights are available to general contractors, subcontractors, sub-subcontractors, material suppliers, equipment rental companies, and certain design professionals who provide labor, materials, or services that improve real property.

If you miss the 90-day filing deadline, your lien rights are permanently lost. Montana lien statutes are strictly applied, and late liens are invalid regardless of the amount owed.

A Montana mechanics lien must be recorded with the County Clerk and Recorder in the county where the property is located. Filing in the wrong county will invalidate the lien.

A Montana mechanics lien must be enforced by filing a foreclosure lawsuit within two (2) years of recording the lien, or before the statute of limitations on the underlying debt expires, whichever occurs first. If enforcement is not timely filed, the lien automatically expires.

A Montana mechanics lien claim must include:

• Claimant’s legal name and address

• Property owner’s name (or reputed owner)

• Name of the party who hired the claimant

• Legal description of the property

• Description of the labor, materials, or services provided

• Amount unpaid and claimed

• Date the claimant last furnished labor or materials

• Certification that a copy of the lien was served on the owner

Accuracy is critical; errors can affect enforceability.

No. Montana law does not impose a minimum or maximum dollar amount for a mechanics lien. However, claimants should consider whether filing a lien is cost-effective for smaller balances.

Yes. Multiple contractors, subcontractors, and suppliers may each file their own mechanics liens against the same property, provided each claimant independently satisfies Montana’s notice and filing requirements.

If the customer pays you the full amount owed after you have recorded a lien, you have a legal obligation to formally clear the lien from the property records.

You must prepare and file a Montana Discharge of Lien (or Release of Lien) with the same office where the original lien was recorded.