Construction Mechanic Lien — 90-Day Filing Deadline (§71-3-536)
Under Montana law, all claimants — contractors, subcontractors, and material suppliers — must record a Construction Mechanic Lien and serve it on the contracting owner within 90 days after the earlier of: (1) last performance of labor or furnishing of materials, or (2) the contracting owner's Notice of Completion filed pursuant to §71-3-535.
The Construction Mechanic Lien must be recorded in the county where the property is located. Service on the contracting owner must be completed within the same 90-day period. The combination of recording and service within 90 days is essential to preserving mechanic lien rights.
Notice of Completion as Filing Trigger
The contracting owner's Notice of Completion under §71-3-535 can shorten the mechanic lien filing window. If the owner files a Notice of Completion before the claimant's last performance date plus 90 days, the 90-day clock begins running from the Notice of Completion date instead.
This is why filing a Notice of Right to Claim a Mechanic Lien is so important — it ensures the owner must notify the claimant when a Notice of Completion is filed, preventing the claimant from missing the shortened deadline.
Prerequisite: Notice of Right to Claim a Mechanic Lien
Before filing a Construction Mechanic Lien, most claimants must have complied with the Notice of Right to Claim a Mechanic Lien requirement. If the notice was filed late, the mechanic lien is enforceable only for services or materials furnished within the 20-day period before the date notice was given.
Claimants who furnish directly to the owner or who are wage earners performing personal labor are exempt from this prerequisite and may file a Construction Mechanic Lien without any prior notice.
Service Requirements
After recording the Construction Mechanic Lien, a copy must be served on the contracting owner within the same 90-day period. Service must be by certified mail or personal delivery as provided under §71-3-536. Failure to timely serve the owner may invalidate the mechanic lien.
Frequently Asked Questions
What is the deadline to file a Construction 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 contracting owner's Notice of Completion under §71-3-535, whichever comes first. §71-3-536.
Can the owner shorten the Montana mechanic lien filing deadline?
Yes. The contracting owner may file a Notice of Completion under §71-3-535, which starts the 90-day filing clock. Claimants who filed a Notice of Right to Claim a Mechanic Lien will receive notice when the Notice of Completion is filed.
Must I serve the mechanic lien on the owner after recording in Montana?
Yes. The Construction Mechanic Lien must be both recorded and served on the contracting owner within the same 90-day period. Service must be by certified mail or personal delivery.
What if my preliminary notice was filed late in Montana?
If the Notice of Right to Claim a Mechanic Lien was filed late (after 30 days from first performance), the mechanic lien is enforceable only for services or materials furnished within the 20-day period before the date notice was actually given.
Is the 90-day Montana mechanic lien deadline the same for all claimant types?
Yes. The 90-day deadline applies uniformly to contractors, subcontractors, and material suppliers. The deadline runs from last performance or the owner's Notice of Completion, whichever is earlier.
Related Montana Resources
Explore other 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 Enforcement Deadlines
2-year suit deadline, public works payment bond claims, 90-day Notice of Claim on Bond, and surety requirements
Montana Overview
Return to the main Montana construction mechanic lien law page