Montana Notice Requirements

Notice of Right to Claim a Mechanic Lien — 30-Day Requirement

Montana requires most claimants to file a Notice of Right to Claim a Mechanic Lien with the County Clerk and serve it on the property owner within 30 days of first performance. This requirement applies when work relates to a non-commercial residential dwelling for 4 or fewer families.

If the notice is not given within the 30-day period, a mechanic lien is enforceable only for the services or materials furnished within the 20-day period before the date on which notice is given. This means late filing does not eliminate mechanic lien rights entirely, but significantly limits the amount that can be recovered.

Exemptions from the Notice Requirement

Two categories of claimants are exempt from the Notice of Right to Claim a Mechanic Lien requirement: (1) persons who furnish labor or materials directly to the property owner, and (2) wage earners or laborers who perform personal labor services. These claimants may proceed directly to filing a Construction Mechanic Lien without any preliminary notice.

For all other claimants — including subcontractors and material suppliers who do not contract directly with the owner — the Notice of Right to Claim a Mechanic Lien is a critical prerequisite to preserving full mechanic lien rights.

Regulated Lender Projects — 45-Day Notice

If payment for the improvement is made from funds provided by a regulated and secured lender, the Preliminary Notice (Notice of Right to Claim a Mechanic Lien) must be filed within 45 days of first performance instead of the standard 30-day period. This extended deadline applies specifically to projects financed through regulated lending institutions.

Continuation Notice — Contracts Exceeding One Year

The Notice of Right to Claim a Mechanic Lien is effective for one year from the date of filing. If the construction contract extends beyond one year, a Continuation Notice must be filed to maintain mechanic lien rights. Failure to file a Continuation Notice before the one-year expiration could result in the loss of mechanic lien rights for work performed after the original notice expires.

Notice of Completion (§71-3-535)

The contracting owner may file a Notice of Completion at any time after the completion of any work or improvement. The contracting owner must give a copy of the Notice of Completion to any person who has given the contracting owner a Notice of Right to Claim a Mechanic Lien. This filing triggers the mechanic lien filing deadline and is an important event for all mechanic lien claimants to monitor.

Public Works — Preliminary Notice Within 30 Days

On Montana public works projects, suppliers, providers, and materialmen must supply written notice delivered personally or by certified mail to the prime contractor not later than 30 days after first delivery of materials or supplies to the subcontractor. The notice must state the right of action on the bond, that delivery of materials and supplies has commenced, the name of the subcontractor that placed the order, to whom the materials and supplies were shipped, and that the prime contractor and its bond will be held responsible for the amount unpaid.