Montana Mechanic Lien Guide and FAQs
Your Complete Guide to Mechanic Lien Rights Under Montana Rev. Code §71-3-501 et seq. — Private Works, Payment Bonds & Public Projects
Montana mechanic lien deadline table with toggles for project type and claimant type.
Montana Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In direct contract with the property owner, including an architect, engineer, or surveyor the owner hired directly
File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first.
The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Preliminary Notice
Mechanic Lien
File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first.
The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement
Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
When the Notice of Right to Claim a Construction Lien Is Not Required
Montana carves four groups out of the notice requirement. If one of them fits you, you owe no notice and your lien rights do not depend on serving one. Change the selections above and the one that applies to you is highlighted.
You contracted directly with the owner
A contractor, architect, engineer, or surveyor the owner hired directly owes no notice. The owner already knows you are on the job.
You are a laborer or wage earner
A person performing personal labor for someone else on the project is exempt from the notice requirement.
The building is a dwelling for five or more families
Apartment buildings and other dwellings for five or more families sit outside the notice requirement at every tier.
The work is commercial in character
Wholly or partly commercial improvements are exempt, and Montana reads that broadly. A mixed-use project counts.
Montana private project deadlines — Commercial improvement
Prime Contractor
Preliminary Notice: Not required. You furnished directly to the property owner at the owner's request, so no Notice of Right to Claim a Construction Lien is required and your lien rights are not conditioned on serving one.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Subcontractors & Suppliers
Preliminary Notice: Not required. A commercial improvement is outside the notice requirement, so no Notice of Right to Claim a Construction Lien is required at any tier.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Remote Claimants
Preliminary Notice: Not required. A commercial improvement is outside the notice requirement, so no Notice of Right to Claim a Construction Lien is required at any tier.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Laborers & Wage Earners
Preliminary Notice: Not required. A wage earner or laborer performing personal labor for someone else on the project is exempt from the Notice of Right to Claim a Construction Lien.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Montana private project deadlines — Mixed use — partly commercial in character
Prime Contractor
Preliminary Notice: Not required. You furnished directly to the property owner at the owner's request, so no Notice of Right to Claim a Construction Lien is required and your lien rights are not conditioned on serving one.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Subcontractors & Suppliers
Preliminary Notice: Not required. A mixed-use improvement is partly commercial in character, which is outside the notice requirement, so no Notice of Right to Claim a Construction Lien is required at any tier.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Remote Claimants
Preliminary Notice: Not required. A mixed-use improvement is partly commercial in character, which is outside the notice requirement, so no Notice of Right to Claim a Construction Lien is required at any tier.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Laborers & Wage Earners
Preliminary Notice: Not required. A wage earner or laborer performing personal labor for someone else on the project is exempt from the Notice of Right to Claim a Construction Lien.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Montana private project deadlines — Residential dwelling for five or more families
Prime Contractor
Preliminary Notice: Not required. You furnished directly to the property owner at the owner's request, so no Notice of Right to Claim a Construction Lien is required and your lien rights are not conditioned on serving one.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Subcontractors & Suppliers
Preliminary Notice: Not required. A contract relating to a dwelling for five or more families is outside the notice requirement, so no Notice of Right to Claim a Construction Lien is required at any tier.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Remote Claimants
Preliminary Notice: Not required. A contract relating to a dwelling for five or more families is outside the notice requirement, so no Notice of Right to Claim a Construction Lien is required at any tier.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Laborers & Wage Earners
Preliminary Notice: Not required. A wage earner or laborer performing personal labor for someone else on the project is exempt from the Notice of Right to Claim a Construction Lien.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Montana private project deadlines — Residential, one to four units — new construction
Prime Contractor
Preliminary Notice: Not required. You furnished directly to the property owner at the owner's request, so no Notice of Right to Claim a Construction Lien is required and your lien rights are not conditioned on serving one.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Subcontractors & Suppliers
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 45 days of first furnishing labor or materials. The longer window applies because a regulated lender's construction loan is funding the improvement and the property is not the owner's own residence. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff. The longer 45-day lender window does not reach a contract on the owner's own residence, so yours stays at 20 days.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff. Until you confirm how the owner is paying, work to the shorter window. A qualifying construction loan would give you 45 days, but a job you assumed had one and did not is a lien lost at day 21.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Remote Claimants
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 45 days of first furnishing labor or materials. The longer window applies because a regulated lender's construction loan is funding the improvement and the property is not the owner's own residence. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff. The longer 45-day lender window does not reach a contract on the owner's own residence, so yours stays at 20 days.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff. Until you confirm how the owner is paying, work to the shorter window. A qualifying construction loan would give you 45 days, but a job you assumed had one and did not is a lien lost at day 21.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Laborers & Wage Earners
Preliminary Notice: Not required. A wage earner or laborer performing personal labor for someone else on the project is exempt from the Notice of Right to Claim a Construction Lien.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Montana private project deadlines — Residential, one to four units — repair, remodel, or addition
Prime Contractor
Preliminary Notice: Not required. You furnished directly to the property owner at the owner's request, so no Notice of Right to Claim a Construction Lien is required and your lien rights are not conditioned on serving one.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Subcontractors & Suppliers
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 45 days of first furnishing labor or materials. The longer window applies because a regulated lender's construction loan is funding the improvement and the property is not the owner's own residence. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff. The longer 45-day lender window does not reach a contract on the owner's own residence, so yours stays at 20 days.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff. Until you confirm how the owner is paying, work to the shorter window. A qualifying construction loan would give you 45 days, but a job you assumed had one and did not is a lien lost at day 21.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Remote Claimants
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 45 days of first furnishing labor or materials. The longer window applies because a regulated lender's construction loan is funding the improvement and the property is not the owner's own residence. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff. The longer 45-day lender window does not reach a contract on the owner's own residence, so yours stays at 20 days.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff. Until you confirm how the owner is paying, work to the shorter window. A qualifying construction loan would give you 45 days, but a job you assumed had one and did not is a lien lost at day 21.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Laborers & Wage Earners
Preliminary Notice: Not required. A wage earner or laborer performing personal labor for someone else on the project is exempt from the Notice of Right to Claim a Construction Lien.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Montana private project deadlines — Other private improvement that is not commercial in character
Prime Contractor
Preliminary Notice: Not required. You furnished directly to the property owner at the owner's request, so no Notice of Right to Claim a Construction Lien is required and your lien rights are not conditioned on serving one.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Subcontractors & Suppliers
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 45 days of first furnishing labor or materials. The longer window applies because a regulated lender's construction loan is funding the improvement and the property is not the owner's own residence. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff. Until you confirm how the owner is paying, work to the shorter window. A qualifying construction loan would give you 45 days, but a job you assumed had one and did not is a lien lost at day 21.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Remote Claimants
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 45 days of first furnishing labor or materials. The longer window applies because a regulated lender's construction loan is funding the improvement and the property is not the owner's own residence. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff.
Preliminary Notice: Serve the Notice of Right to Claim a Construction Lien on the contracting owner within 20 days of first furnishing labor or materials to protect the full amount you are owed. Serve it by certified mail, which is effective when mailed, or by personal delivery with a written acknowledgment of receipt. File a copy of the notice with the county clerk and recorder within 5 business days of serving it. The filed notice lapses after 1 year unless it is continued. A late notice does not kill the lien, it shrinks it. The lien then reaches only what you furnished in the 20 days before the notice was served, plus everything after. Serve it at the start of the job, not at the cutoff. Until you confirm how the owner is paying, work to the shorter window. A qualifying construction loan would give you 45 days, but a job you assumed had one and did not is a lien lost at day 21.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Laborers & Wage Earners
Preliminary Notice: Not required. A wage earner or laborer performing personal labor for someone else on the project is exempt from the Notice of Right to Claim a Construction Lien.
Mechanic Lien: File the Construction Lien with the county clerk and recorder within 90 days after your last furnishing of labor or materials, or within 90 days after the owner files a notice of completion, whichever comes first. The clerk will not accept the lien unless it is accompanied by a certification that a copy was served on each owner of record, by personal service or certified mail with return receipt requested.
Enforcement: Commence an action to foreclose the Construction Lien within 2 years after the lien is filed. The clock runs from the filing date, not from your last day on the job.
Montana public works deadlines
Prime Contractor
Preliminary Notice: Not applicable. The prime contractor is the principal on the payment bond and pursues payment through contract remedies, not a bond claim.
Bond Claim: Not applicable. Construction liens cannot attach to public property in Montana. Prime contractors pursue payment through contract remedies.
Lawsuit to Enforce Bond Claim: Contract remedies against the public owner, subject to any applicable notice-of-claim and limitations periods.
Subcontractors & Suppliers
Preliminary Notice: Serve written notice on the prime contractor by certified mail within 30 days of first furnishing labor or materials, stating that delivery has commenced and identifying the subcontractor.
Bond Claim: File the bond claim within 90 days after completion and acceptance of the contract by the public body. Suit may not be commenced until at least 30 days after the notice is given.
Lawsuit to Enforce Bond Claim: Commence suit on the payment bond within 1 year from the date of the last labor or materials furnished, after expiration of the 90-day waiting period following notice to the prime contractor.
Remote Claimants
Preliminary Notice: Serve written notice on the prime contractor by certified mail within 30 days of first furnishing labor or materials, stating that delivery has commenced and identifying the subcontractor.
Bond Claim: File the bond claim within 90 days after completion and acceptance of the contract by the public body. Suit may not be commenced until at least 30 days after the notice is given.
Lawsuit to Enforce Bond Claim: Commence suit on the payment bond within 1 year from the date of the last labor or materials furnished, after expiration of the 90-day waiting period following notice to the prime contractor.
Montana Mechanic Lien Law Overview
Last updated July 2026 · Reviewed by Thomas Emalfarb, Esq.
Montana construction mechanic lien rights are governed by Montana Revised Code §71-3-501 et seq. This statutory framework provides Construction Mechanic Lien rights to contractors, subcontractors, and material suppliers who furnish labor, equipment, materials, or supplies for the improvement of real property in the State of Montana.
Montana requires a Notice of Right to Claim a Mechanic Lien from most claimants. Under §71-3-531, the notice must be given to the contracting owner no later than 20 days after services or materials are first furnished, and a copy must be filed with the county clerk and recorder within 5 business days after the notice is given. Four categories are exempt: original contractors furnishing directly to the owner at the owner's request, wage earners and laborers performing personal labor services, work on a dwelling for five or more families, and work on an improvement that is partly or wholly commercial in character.
Late notice does not eliminate mechanic lien rights. It narrows them: the lien is then enforceable only for the services or materials furnished within the 20-day period before the date notice is given. Where the regulated-lender provision of §71-3-531(4) applies — payment made from funds provided by a regulated lender and secured for the particular improvement being liened, on a contract other than an owner-occupied residence — both the deadline and that lookback period become 45 days.
All claimants must record a Construction Mechanic Lien and serve it on the contracting owner within 90 days after last performance or the contracting owner's Notice of Completion under §71-3-535. The Notice of Right to Claim a Mechanic Lien is effective for one year from filing; if the contract extends beyond one year, a Continuation Notice must be filed to maintain mechanic lien rights.
Montana public works projects require payment bonds — 100% for state projects and 25% for local projects — under Montana Rev. Code §18-2-201 et seq.
Topics on This Page
Montana Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Montana construction mechanic lien law.
Notice Requirements
Notice of Right to Claim a Mechanic Lien, 20-day deadline, the four statutory exemptions, regulated lender 45-day rule, Continuation Notice, and public works bond notice
Mechanic Lien Deadlines
90-day Construction Mechanic Lien filing deadline, Notice of Completion procedures, and service requirements
Mechanic Lien Enforcement Deadlines
2-year suit deadline, public works payment bond claims, 90-day Notice of Claim on Bond, and surety requirements
Related Reading
In-Depth Montana Guides
Frequently Asked Questions
What statute governs mechanic liens in Montana?
Construction mechanic liens on private projects in Montana are governed by Montana Revised Code §71-3-501 et seq., with the notice of right to claim lien at §71-3-531 and lien filing at §71-3-535. Public works payment bonds are governed by §18-2-201 et seq., requiring 100% bonds for state projects and 25% for local projects.
Is a preliminary notice required to file a mechanic lien in Montana?
Yes, for most claimants. The Notice of Right to Claim a Mechanic Lien must be given to the contracting owner within 20 days of first furnishing (45 days on qualifying regulated-lender projects other than an owner-occupied residence), with a copy filed with the county clerk and recorder within 5 business days after it is given. Four categories are exempt under §71-3-531(1): original contractors furnishing directly to the owner, wage earners and laborers, work on a dwelling for five or more families, and work on an improvement partly or wholly commercial in character.
What is the deadline to file a mechanic lien in Montana?
All claimants must record a Construction Mechanic Lien and serve it on the contracting owner within 90 days after last performance or the owner's Notice of Completion under §71-3-535, whichever comes first. §71-3-536.
How does Montana mechanic lien law differ from other states?
Montana has several unique features: the Notice of Right to Claim a Mechanic Lien must be given within 20 days (45 on qualifying regulated-lender projects), late notice limits the mechanic lien to the 20-day period before notice was given, improvements partly or wholly commercial in character are exempt from notice altogether, the notice expires after 1 year requiring a Continuation Notice, and the enforcement period is a generous 2 years.
What are the notice requirements for Montana public works bond claims?
In certain supplier-to-subcontractor situations, suppliers and materialmen must give written notice to the prime contractor within 30 days of first delivery under §18-2-206, MCA. A written Notice of Claim must be filed with the public authority within 90 days after project completion and formal acceptance under §18-2-204.
What is the deadline to file suit to enforce a Montana construction mechanic lien?
Suit must be filed within 2 years after the date the Construction Mechanic Lien was filed. For public works bond claims, there is no specific statutory provision — the suit deadline is governed by the individual bond terms.