Montana
Lien Waiver Forms
Montana Lien Waivers: No Statutory Form, and Pre-Payment Waiver Clauses Are Void
State Rules
How Montana treats lien waivers
Montana does not prescribe a statutory lien waiver form and imposes no format, content, or notarization requirements, so our general-purpose conditional and unconditional waivers for progress and final payments apply. Mont. Code Ann. § 28-2-723 voids construction contract provisions that require a contractor, subcontractor, or material supplier to waive lien or payment bond rights before being paid, so conditional waivers are the safe pattern until payment lands. After payment, a waiver is valid when it clearly states the amount waived, identifies the property, and is signed by the waiving party.
Montana lien waiver forms we generate
Four house forms cover every payment on a Montana project: conditional or unconditional, progress or final.
Conditional Waiver and Release of Lien: Progress Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Unconditional Waiver and Release of Lien: Progress Payment
Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.
Conditional Waiver and Release of Lien: Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Unconditional Waiver and Release of Lien: Final Payment
Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.
Signing a lien waiver in Montana
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Montana, built into every waiver we generate.
Advance waivers
Mont. Code Ann. § 28-2-723: a construction contract may not contain provisions requiring a contractor, subcontractor, or material supplier to waive construction lien rights or payment bond claim rights before the party has been paid for the labor or materials furnished; such provisions are void.
Montana execution rules
- ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
- ✓ Notarization: not required in Montana.
- ✓ Witness: not required in Montana.
- ✓ E-signature: available. Send Montana waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.
Create a free Montana lien waiver
The correct Montana form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
Working in another state?
Every state's waiver rules are different. Check before you sign.