Montana Construction Lien Guide
Montana lien law is governed by the Montana Code Annotated, Title 71, Chapter 3 (construction lien statutes).
To protect your right to payment when improving property in Montana, you must understand required notices, lien filing deadlines, and enforcement rules.
In Montana, a construction lien is often called a mechanics lien or a notice of right to claim a lien.
LET’S LEARN THE BASICS OF MONTANA CONSTRUCTION LIENS
⭐ Who Can File a Mechanics Lien in Montana?
In Montana, lien rights generally apply to anyone who provides labor or materials that improve real property under an improvement contract, including:
General contractors
Subcontractors
Material suppliers
Equipment lessors
Design professionals such as architects and engineers
(subject to exceptions for direct contracts, wage laborers, and certain project types).
⭐ Montana Lien Deadlines (Critical)
Deadline #1 — Notice of Right to Claim a Lien (Preliminary Notice)
Montana law requires a Notice of Right to Claim a Lien (similar to a pre-lien notice) for most parties that do not have a direct contract with the owner. This notice must be given early in the project to preserve full lien rights.
Deadline #2 — Filing the Montana Mechanics Lien
A mechanics lien must be filed with the county clerk and recorderwhere the property is located:
Within 90 days of the last furnishing of labor or materials to the project, or within 90 days after a Notice of Completion is filed.
The lien notice must contain specific statutory content, and the claimant must certify that a copy of the lien has been served on the owner.
Deadline #3 — Enforcement of a Montana Mechanics Lien
After filing, a claimant must enforce (foreclose) the lien:
Within two (2) years of filing the lien.
Montana’s statute provides that lien rights are extinguished if the statute of limitations on the underlying obligation expires first.
BEFORE YOU FILE A MONTANA CONSTRUCTION LIEN, YOU MUST UNDERSTAND WHETHER A PRELIMINARY NOTICE IS REQUIRED. THIS NOTICE PROTECTS YOUR LIEN RIGHTS AND IS MANDATORY FOR MOST SUBCONTRACTORS AND SUPPLIERS.
⭐ Montana Preliminary Notice (Notice of Right to Claim Lien) Requirements
Montana requires a Notice of Right to Claim a Lien from many subcontractors and suppliers if they want full lien rights on private projects. This notice alerts the property owner that a lien may be claimed if payment is not made.
Who MUST Send a Montana Notice of Right to Claim a Lien?
The following parties must send a Notice of Right to Claim a Lien if they do not have a direct contract with the property owner:
Subcontractors
Sub-subcontractors
Material suppliers
Equipment rental companies
Certain design professionals
This requirement generally applies to private residential projects where the claimant is a lower-tier party.
Who Does NOT Need a Montana Preliminary Notice
The following parties are not requiredto send the notice:
Original contractors (general contractors) with a direct contract with the owner
Wage laborers or employees
Claimants furnishing labor or materials to a residence with five or more dwelling units
Claimants working on projects that are partly or wholly commercial in character
Public projects are not subject to Montana mechanics lien law and are typically governed by bond claim procedures instead.
Montana Preliminary Notice Deadline
The Notice of Right to Claim a Lien must be:
Served within twenty (20) days of first furnishing labor or materials.
Extended deadline:
If the project is funded by a regulated lender with a recorded security interest on a non-owner-occupied residential project, the deadline is extended to:
Forty-five (45) days from first furnishing labor or materials.