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Montana
Lien Waiver Forms

Montana Lien Waivers: No Statutory Form, and Pre-Payment Waiver Clauses Are Void

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Where is the project?

Are you paying or getting paid?

I'm paying someone I need a signed lien waiver from the sub or supplier I'm paying. They sign it. I'm getting paid My customer wants a signed lien waiver before they pay me. I sign it.

Which waiver?

Conditional Progress payment Unconditional Progress payment Conditional Final payment Unconditional Final payment Not sure — help me choose Two quick questions pick the right form.

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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.

What to know about Montana lien waivers

Montana voids contract clauses requiring lien or payment bond rights to be waived before payment (Mont. Code Ann. § 28-2-723). Use a conditional waiver until payment is actually received.

Montana lien waiver forms we generate

Four house forms cover every payment on a Montana project: conditional or unconditional, progress or final.

Conditional Progress

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 Progress

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 Final

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 Final

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.

Montana has no statutory waiver form to download blank. The generator above fills in a general-purpose form with Montana's signing rules built in instead.

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.

Montana lien waiver questions

Which lien waiver forms does Montana use?

Montana does not prescribe a statutory lien waiver form, so the format is up to the parties. Our generator uses four general-purpose forms: conditional and unconditional waivers for progress and final payments.

Do Montana lien waivers need to be notarized?

No. Montana does not require lien waivers to be notarized.

What is the difference between a conditional and an unconditional lien waiver in Montana?

A conditional waiver takes effect only once the payment it describes actually arrives; if the check bounces or never comes, your lien rights survive. An unconditional waiver gives up lien rights as soon as it is signed, whether or not you are ever paid, so sign one only after the money is in hand.

What is the difference between a progress and a final lien waiver in Montana?

A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project.

Is a lien waiver signed in advance enforceable in Montana?

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More Montana lien tools

Bordering states

Every state's waiver rules are different. Check before you sign.

Montana Lien Waiver Forms