Montana Mechanics Lien
Deadlines & Filing Rules

Practitioner notes for Montana

Montana's construction lien law is in MCA 71-3-521 through 71-3-564. A subcontractor or supplier who does not deal directly with the owner must give the owner a notice of the right to claim a lien within 20 days after first furnishing services or materials (MCA 71-3-531). If notice is late, the lien covers only what was furnished in the 20 days before the notice. On lender-financed work other than an owner-occupied home, the window is 45 days. A copy of the notice must be filed with the county clerk and recorder within 5 business days after it is given. The notice is not required from the original contractor, from wage earners, on dwellings for five or more families, or on improvements that are partly or wholly commercial. The lien itself must be filed with the county clerk and recorder within 90 days after the claimant's final furnishing, or within 90 days after the owner files a notice of completion (MCA 71-3-535). Serve each owner of record personally or by certified mail first, and certify that service when filing. The statute lets the clerk and recorder accept the lien electronically. An action to enforce must be commenced within 2 years after the lien is filed (MCA 71-3-562). Once paid, the claimant must acknowledge satisfaction or be liable for the resulting injury and costs (MCA 71-3-537). Counties may require a notarized signature even though the statute does not; confirm with counsel or the county.

These notes summarize the statute as we read it.