It’s not always easy to receive the gold you’ve earned in the Treasure State. Montana, like all other states, has mechanics lien laws to help construction workers and suppliers like you get paid. Like all other states, Montana mechanics lien and Montana construction lien laws are also confusing and complicated. So you need to know how the law works to be able to properly file a Montana lien and protect your right to be paid. Here are 5 things you need to know about the Montana lien laws as reported to NLB busy our network of Montana construction attorneys and Montana construction lawyers to successfully file your next lien.
WHO CAN FILE A MONTANA MECHANICS LIEN
Generally, every state has laws that limit who can file a mechanics lien and a payment bond claim, and Montana liens are not the same to perfect. You need to know how and when to take the required steps. The pre-lien or preliminary notice requirements are different for each state on Private, Public, and Federal Projects. When you send the notice to the owner, preliminary notice, or pre-lien notices are also different for a supplier, sub, GC, or design professional.
SCHEDULE A NO-COST INITIAL CALL WITH NLB’S GENERAL COUNSEL TO GET STARTED
National Lien & Bond professional lien providers and Montana construction lawyers have helped subs and suppliers get paid on over 26,000 projects since 1986. NLB is here to help you learn what steps you need to take and when to send a notice or lien to secure your job funds on every project.
When you download a summary that may not be current or the deadlines and steps are confusing to follow. NLB offers every sub and supplier the ability to get answers you need to get paid!
You are invited to set up an appointment with general counsel to discuss the details of how and when to take the steps you need to get paid on every project Click Here.
We find it very helpful to get the most out of our initial consultation if you would fill out this initial claim form before your meeting.
NOTICE OF RIGHT TO LIEN
Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic’s lien, often referred to as the “Preliminary Notice”. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor. If the owner obtained a loan to fund the project, you must also serve the notice to the construction lender. The Preliminary Notice timing shown is not always mandatory but will afford maximum protection for liens.
This notice may be served when you begin supplying materials to the project. If you miss the statutory date, you may in some states still serve the notice to capture remaining funds as state law typically bit not always provides. Notice (Statutory Form) to owner, contractor, construction lender & person with whom the claimant has contracted within a date certain from the time you began work, or in some times before you start and in others when you completed work.
The notice may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery. The notice typically includes a description of the work or goods you will provide, the estimated total price of the work or goods you will provide, and the statutorily required statement.
PREPARING THE MONTANA MECHANICS LIEN
Every mechanics lien typically must contain the owner’s name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed. The lien may also include other statutorily required statements and best practices require a lien to be prepared by a lawyer in the project state.
FILING AND SERVING THE MONTANA MECHANICS LIEN
According to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder’s office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you may in several states need to provide proof of this service by affidavit and proof of mail delivery.
FINAL THOUGHTS
Even if circumstances change, it is never too late to start a dialogue with the owner and GC Click Here to set up an appointment with general counsel to discuss the details of your initial consultation. If you properly perfected all the required steps you can likely start a foreclose action on the lien, sue the surety on a bond or sue for collection and other remedies. Property owners and competing creditors may try to block your path, but if you followed the law, you will have placed yourself in a strong secured position against your adversaries. To learn how to secure all your receivables Click Here to set up an appointment with general counsel to discuss the details of securing your company’s entire receivables on private public and federal construction projects both in the USA or around the world.
Frequently Asked Questions
Does Montana require a preliminary notice before filing a construction lien?
Yes — under MCA § 71-3-531, sub-tier claimants must serve a Notice of Right to Claim a Lien on the property owner within 20 DAYS of first furnishing labor or materials to the project. Notice served late only protects work within 20 DAYS BEFORE service plus everything thereafter — work furnished earlier is permanently barred. Direct contractors in privity with the owner are exempt from § 71-3-531 service. Montana's 20-day window is among the shortest preliminary-notice deadlines in the U.S.
What is the deadline to file a Montana construction lien?
Under MCA § 71-3-535, the Claim of Lien must be filed with the County Clerk and Recorder in the county where the property is located within 90 DAYS after substantial completion of the work of improvement or after the date the claimant last furnished labor or materials, whichever is EARLIER. The 90-day deadline runs from substantial completion OR last furnishing — claimants must track BOTH dates and act on the earlier. Missing the deadline permanently bars the lien.
What is the deadline to file a Montana construction lien foreclosure suit?
Under MCA § 71-3-562, the foreclosure action on a Montana construction lien must be commenced in district court within TWO YEARS after the date of filing the Claim of Lien. The 2-year foreclosure window provides extensive settlement runway — among the longest in the U.S. However, 2 years is still a strict statute of limitations that cannot be tolled. Failure to file within 2 years extinguishes the lien automatically by operation of law.
Are attorney's fees recoverable on Montana construction lien claims?
Yes — MCA § 71-3-124 provides that the prevailing party on a Montana construction lien claim may recover reasonable attorney's fees and costs. This fee-shifting cuts both ways: prevailing claimants recover fees, but unsuccessful claimants may owe the owner's fees. The combined remedy makes Montana one of the more claimant-friendly states for construction-payment recovery — when liens are properly documented, fee recovery often exceeds 25% of the underlying claim value.
What contents are required on a Montana Claim of Construction Lien?
Under MCA § 71-3-535, the Claim of Lien must contain: (1) the amount claimed; (2) the name of the owner or reputed owner; (3) the name of the person who employed or hired the claimant; (4) the dates of first and last furnishing; (5) a description of the property sufficient for identification; (6) a description of the labor or materials furnished; (7) verification by the claimant under oath. Defective Claims of Lien missing required contents are unenforceable under Montana law.
Who can file a Montana construction lien?
Under MCA § 71-3-523, construction lien rights belong to: (1) original contractors in privity with the owner; (2) subcontractors at every tier; (3) material suppliers furnishing to the GC or to subcontractors; (4) equipment lessors; (5) design professionals (architects, engineers); (6) laborers in some circumstances. Each claimant type has slightly different notice and content requirements — verify with Montana construction-payment counsel before filing. Material suppliers and equipment lessors must serve the 20-day Notice of Right to Claim under § 71-3-531.
How does National Lien & Bond help with Montana construction liens?
National Lien & Bond files Montana construction liens for unpaid contractors, subcontractors, suppliers, and equipment lessors. For Illinois-based engagements, Hal Emalfarb's firm at Emalfarb Swan and Bain handles strategic coordination. For Montana-jurisdiction matters, NLB connects unpaid contractors with vetted Montana construction-payment attorneys who handle the 20-day Notice of Right to Claim service under MCA § 71-3-531, the 90-day Claim of Lien filing under § 71-3-535, and the 2-year foreclosure suit under § 71-3-562. NLB's 50-state deadline-tracking system prevents the missed-deadline forfeitures that cause most Montana lien losses. Contact NLB for a free initial consultation.