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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. 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. 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. 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. 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. 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. 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. 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 guide

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CONSTRUCTION LIEN (MONTANA)

Filed under Mont. Code Ann. sections 71-3-521 to 71-3-564. The undersigned claimant files this construction lien against the real property described below to secure payment for services or materials furnished to improve that property.

  1. CLAIMANT (LIEN CLAIMANT) Name: [CLAIMANT NAME] Role: [CONTRACTOR / SUBCONTRACTOR / SUPPLIER / LABORER] Address: [CLAIMANT ADDRESS]

  2. CONTRACTING OWNER OR REPUTED OWNER Name: [OWNER NAME] Address: [OWNER ADDRESS]

  3. PERSON WITH WHOM THE CLAIMANT CONTRACTED [PERSON OR COMPANY THAT ORDERED THE WORK].

  4. PROPERTY Street address: [PROPERTY ADDRESS]. Legal description: [LEGAL DESCRIPTION]. County: [COUNTY].

  5. SERVICES OR MATERIALS FURNISHED Description: [DESCRIPTION OF THE SERVICES OR MATERIALS PROVIDED]. Date first furnished: [FIRST DATE]. Date last (final) furnished: [LAST DATE].

  6. AMOUNT CLAIMED The amount unpaid and now due, after deducting all just credits and offsets, is: $[AMOUNT].

  7. NOTICE OF RIGHT TO CLAIM LIEN (IF A SUBCONTRACTOR OR SUPPLIER) The notice of the right to claim a lien required by section 71-3-531 was delivered to the contracting owner on: [DATE], within 20 days after first furnishing.

  8. SIGNATURE AND VERIFICATION The undersigned states that they have read this construction lien and that the facts stated in it are true.

Signature: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE]

[NOTARY ACKNOWLEDGMENT]

FILING AND ENFORCEMENT: File this lien with the county clerk and recorder for the county where the property is located no later than 90 days after your final furnishing of services or materials, or after the owner files a notice of completion (Mont. Code Ann. section 71-3-535). An action to enforce the lien must be commenced within two years from the date of filing (Mont. Code Ann. section 71-3-562).

Note: This Montana construction lien follows Mont. Code Ann. Title 71, Chapter 3, Part 5, including the content requirements of sections 71-3-532 and 71-3-536. Confirm the current statutory language, contents, and deadlines, or have this reviewed by an attorney, before you file.

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.

Frequently Asked Questions

A Montana construction lien, the state's version of a mechanics lien, is a legal claim that a contractor, subcontractor, or supplier files against a property they improved but were not paid for. It attaches to the real estate, clouds the title so the owner cannot easily sell or refinance, and can be foreclosed through a court-ordered sale. Title 71, Chapter 3, Part 5 governs it.

Contractors, subcontractors, suppliers, and laborers who furnished services or materials to improve real property and were not paid can file. A subcontractor or supplier who did not contract directly with the owner must first deliver a notice of the right to claim a lien, within 20 days of first furnishing, to preserve the full reach of the lien. An original contractor is exempt from that notice.

You have 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. The lien is filed with the county clerk and recorder for the county where the property is located. The same 90-day deadline applies to contractors and subcontractors.

A subcontractor or supplier does. Section 71-3-531 requires a notice of the right to claim a lien, delivered to the contracting owner no later than 20 days after services or materials are first furnished. An original contractor contracting directly with the owner does not give it, and the notice is not required on many commercial jobs or on dwellings of five or more units.

You have two years. 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. If you do not bring the foreclosure action within that two-year window, the lien can no longer be enforced against the property, though the underlying debt may still be owed.

Missing the 20-day notice, the 90-day filing window, or the two-year deadline to sue generally means the lien is lost, because Montana applies these steps strictly. You may still pursue the party who hired you for breach of contract to recover the unpaid amount, but you give up the security a lien against the property provides.

Often not. The section 71-3-531 notice of the right to claim a lien is not required for improvements that are wholly or partly commercial, or for dwellings of five or more family units, and it does not apply to an original contractor or wage laborers. An owner-occupied residence keeps the standard 20-day notice, so confirm which category your project falls in.

When the debt is paid, the claimant should file a satisfaction or release of the lien with the county clerk and recorder to clear the title. A lien also becomes unenforceable if no action is commenced within two years of filing. An owner who believes a lien is invalid can raise that defense in the foreclosure action.