Montana Mechanics Lien
Deadlines & Filing Rules
Every notice, deadline, and recording requirement for a Montana construction lien, drawn from MCA §§ 71-3-531, 71-3-534, 71-3-535, 71-3-533, 71-3-562 and the same rule engine that calculates deadlines for our filing customers.
Montana lien rules at a glance
- Preliminary notice
- Required for subcontractors, sub-subcontractors, and suppliers
- Lien filing deadline
- within 90 days after last furnishing labor or materials
- Notarization
- Not required
- No sworn statement or verification is required
- Where to record
- County recorder where the property sits
- E-recording
- Available in participating counties
- Enforcement deadline
- Within 2 years after the lien is recorded
Who can file a mechanics lien in Montana
Lien rights depend on where you sit in the contracting chain. Tenant-ordered improvements can support a lien in Montana.
| Claimant | Lien rights in Montana |
|---|---|
| General contractor (direct contract with the owner) | Yes |
| Subcontractor (hired by the general contractor) | Yes |
| Sub-subcontractor (hired by a subcontractor) | Yes |
| Material supplier to the owner | Yes |
| Material supplier to the general contractor | Yes |
| Material supplier to a subcontractor | Yes |
Montana mechanics lien deadlines
Required for subcontractors, sub-subcontractors, and suppliers. Preliminary notices go to the property owner, with a copy recorded with the county by certified mail.
Preliminary notice deadline
The notice that preserves lien rights before any payment problem exists.
| Who | Project type | Deadline |
|---|---|---|
| All claimants | All projects | Within 20 days after first furnishing labor or materials |
Mechanics lien filing deadline
The last day the lien can be recorded against the property.
| Who | Project type | Deadline |
|---|---|---|
| All claimants | All projects | Within 90 days after last furnishing labor or materials |
Montana does not require a notice of intent before recording a lien, but sending one is often what gets the invoice paid.
Recording and enforcing a Montana lien
Recording the lien
Record with the county recorder where the property sits. Electronic recording is available in participating counties. No notary is required on the lien itself. No sworn statement or verification is required.
After recording
A copy of the recorded lien must be served on the property owner promptly after recording. To keep the lien alive it must be enforced by lawsuit within 2 years after the lien is recorded.
Wrongful lien exposure
Montana has no dedicated wrongful-lien penalty statute, but an inflated or baseless lien can still be challenged and removed at the claimant's expense.
Practitioner notes for Montana
Prelim (Notice of Right to Claim Lien) required for claimants without direct contract with owner; generally due within 20 days of first furnishing (MCA 71-3-531). If notice is late, lien enforceable only for services/materials furnished within 45 days before notice is given (MCA 71-3-531). A copy of the notice must be filed with county clerk/recorder within 5 business days after giving it to the contracting owner (MCA 71-3-531(6)(a)). Lien filing deadline: file lien within 90 days after final furnishing OR within 90 days after owner files a Notice of Completion (MCA 71-3-535(1)). Lien must be served on each owner of record (personal service or certified mail RRR) and certification of service must accompany filing (MCA 71-3-534(2); 71-3-535(2)(b)). Enforcement: action must be commenced within 2 years from filing of lien (MCA 71-3-562).
Statutory sources: MCA §§ 71-3-531, 71-3-534, 71-3-535, 71-3-533, 71-3-562. Read the Montana lien statute.
File your Montana mechanics lien
We calculate the Montana deadlines from your project dates, prepare the lien on the correct form, and handle recording. Self-serve from $99, or full service with recording and notices handled for you from $299.
Montana mechanics lien FAQ
How long do I have to file a mechanics lien in Montana?
Do I need to send a preliminary notice in Montana?
Does a Montana mechanics lien need to be notarized?
Where is a mechanics lien filed in Montana?
How long is a Montana mechanics lien valid?
Can a subcontractor file a mechanics lien in Montana?
More Montana lien tools
This page summarizes Montana lien law for general information and is not legal advice. Deadlines depend on your role, project type, and dates; confirm them against the statute or with counsel before relying on them.