Montana Mechanics Lien
File a Montana construction lien for unpaid construction work. Learn the 90-day filing deadline, the 20-day notice of right to claim lien, and enforcement.
Introduction
A Montana construction lien, often called a mechanics lien, is a legal claim filed against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once filed, the lien attaches to the property, clouds the title, and can be enforced through a court-ordered sale. That security is what gives the lien its leverage, and Montana sets out the right in Title 71, Chapter 3, Part 5. The lien only works if you perfect it on time. A subcontractor or supplier must give the contracting owner a notice of the right to claim a lien no later than 20 days after first furnishing services or materials; an original contractor is exempt. The lien must then be filed no later than 90 days after your final furnishing, or after the owner files a notice of completion, and you must sue to enforce within two years of filing. DocDraft prepares a Montana construction lien, and attorney review is available before you file.
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Key Things to Know
- 1
A Montana construction lien secures payment against the improved property. Contractors, subcontractors, suppliers, and others who furnished services or materials to improve real property and were not paid can claim one under Mont. Code Ann. sections 71-3-521 to 71-3-564.
- 2
A subcontractor must give early notice. Under section 71-3-531, a sub or supplier delivers a notice of the right to claim a lien to the contracting owner within 20 days after first furnishing. An original contractor, wage laborers, and many commercial jobs are exempt.
- 3
The filing deadline is 90 days. Section 71-3-535 requires the lien to be filed no later than 90 days after your final furnishing of services or materials, or after the owner files a notice of completion, whichever triggers first for your project.
- 4
You have two years to enforce. Section 71-3-562 requires all actions under the construction-lien part to be commenced within two years from the date the lien is filed, after which the lien can no longer be enforced.
- 5
Montana reads the steps strictly. Missing the 20-day notice, the 90-day filing window, or the two-year deadline to sue generally forfeits the lien, though a separate contract claim for the unpaid amount may remain.
- 6
The notice and lien have required contents. Section 71-3-532 sets the content of the notice of the right to claim a lien, and section 71-3-536 sets what the lien itself must state, including the property, the owner, and the amount claimed.
- 7
Commercial and large residential jobs skip the early notice. The 20-day notice of the right to claim a lien is not required for wholly or partly commercial improvements or dwellings of five or more units; an owner-occupied residence keeps the standard 20-day rule.
Key decisions before you file
Before you file a Mechanics Lien in Montana, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
Open the Mechanics Lien guideCustomize your Mechanics Lien Template with DocDraft
Montana Requirements for Mechanics Lien
Montana Filing Deadline and Office
File the Montana mechanics lien in the correct office, a county recorder or court as Montana requires, within the state's deadline after you last furnish labor or materials. Montana applies the deadline strictly, so filing late or in the wrong office can void the lien.