Montana Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under Montana Rev. Code §71-3-521 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 privity with the property owner
File the Construction Lien with the county clerk and recorder within 90 days after the claimant's last furnishing of labor or materials. Mail a copy to the owner and the general contractor.
Commence an action to foreclose the Construction Lien within 2 years after the lien is filed.
Preliminary Notice
Mechanic Lien
File the Construction Lien with the county clerk and recorder within 90 days after the claimant's last furnishing of labor or materials. Mail a copy to the owner and the general contractor.
Enforcement
Commence an action to foreclose the Construction Lien within 2 years after the lien is filed.
Montana Mechanic Lien Law Overview
Montana construction mechanic lien rights are governed by Montana Revised Code §71-3-521 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 as a critical prerequisite for most claimants. This notice must be filed with the County Clerk and served on the property owner within 30 days of first performance for non-commercial residential dwellings (4 or fewer families). Persons who furnish directly to the owner, and wage earners or laborers who perform personal labor services, are exempt from this notice requirement.
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. National Lien & Bond provides authoritative guidance on every aspect of Montana construction mechanic lien compliance.
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, 30-day filing deadline, Continuation Notice, regulated lender 45-day rule, and exemptions for direct contractors and laborers
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
Frequently Asked Questions
What statute governs mechanic liens in Montana?
Construction mechanic liens on private projects in Montana are governed by Montana Revised Code §71-3-521 et seq. 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. A Notice of Right to Claim a Mechanic Lien must be filed with the County Clerk and served on the owner within 30 days of first performance (45 days for regulated lender projects) on residential dwellings of 4 or fewer families. Direct contractors and wage earners are exempt.
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 filed within 30 days (or 45 for lender-funded projects), late notice limits the mechanic lien to the 20-day period before notice was given, 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?
Suppliers and materialmen must give written notice to the prime contractor within 30 days of first delivery. 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.