Montana mechanics lienNotice of the right to claim a lien and deadlines

How many days do you have to file a mechanics lien in Montana?

File the lien with the county clerk and recorder of the county where the property is located no later than 90 days after your last furnishing of services or materials, or after the owner files a notice of completion. The lien states who you are, the property, the owner, who you contracted with, what you provided, the unpaid amount, first and last dates, and that notice of the right to claim a lien was given. A copy must be served on the owner of record.² MCA 71-3-535; 71-3-536

When is the Montana notice of the right to claim a lien due?

Before claiming a lien, a subcontractor or supplier must give the contracting owner a notice of the right to claim a lien by certified mail or personal delivery within 20 days after first furnishing services or materials (45 days when a regulated lender is funding the work and it is not an owner-occupied home), and file a copy with the county clerk and recorder within 5 business days. Late notice limits the lien to the 20 days (or 45 days) before the notice. Original contractors working directly for the owner, laborers, jobs on dwellings for five or more families, and commercial improvements are exempt.¹ MCA 71-3-531

How long is a mechanics lien good for in Montana?

A suit to enforce the lien must be started within 2 years from the date the lien was filed.³ MCA 71-3-562

Who can file a mechanics lien in Montana?

A person who furnishes services or materials under a real estate improvement contract can claim a construction lien, only to the extent the construction lien statutes allow, to secure payment of the contract price.⁴ MCA 71-3-523

Does a Montana lien claim have to be notarized?

The lien statute requires the claimant to certify to the county clerk that a copy of the lien was served on the owner of record. It does not require a notary.² MCA 71-3-535(2)

What about public jobs in Montana?

When a state or local public body contracts for work, it must require a bond from a licensed surety that guarantees faithful performance and payment of laborers, mechanics, subcontractors and material suppliers. The body may waive the bond on building or construction projects costing less than $150,000.⁵ MCA 18-2-201

How do you file a mechanics lien in Montana?

1. Notice of the right to claim a lien: due 20 days after you first furnish services or materials. MCA 71-3-531 45 days when a regulated lender funds the work and it is not an owner-occupied home. Exempt: original contractors working for the owner, laborers, dwellings for five or more families, commercial work.
2. File the lien: due 90 days after your last furnishing of services or materials. MCA 71-3-535; 71-3-536 The rule also counts 90 days from an owner's notice of completion.
3. Sue to enforce: due 2 years after the lien is filed. MCA 71-3-562

Each line restates the statute cited next to it. Check the statute text before you file.