Mechanics Lien Deadlines in Montana
Montana construction lien claimants must generally give a notice of the right to claim a lien, file the lien within 90 days of last furnishing services or materials, and bring any enforcement action within 2 years of filing.
Montana's construction lien law is found in Title 71, Chapter 3, Part 5 of the Montana Code Annotated. It identifies who may claim a construction lien, when a notice of the right to claim a lien must be given, the deadline for filing the lien with the county clerk and recorder, and the time limit for bringing an action to enforce the lien. The sections below quote the statutory triggers and time periods directly.
Filing and enforcing a mechanics lien in Montana
A person who may claim a construction lien must give notice of the right to claim a lien to the contracting owner in order to claim a lien. 1
Except as provided in a separate subsection, that notice may not be given later than 20 days after the date on which the services or materials are first furnished to the contracting owner. 2
An original contractor who furnishes services or materials directly to the owner at the owner's request is among those not required to give the notice of the right to claim a lien. 3
A person's lien does not attach and may not be enforced unless the person has filed a lien not later than 90 days after the person's final furnishing of services or materials or the owner's filing of a notice of completion. 4
All actions under this part must be commenced within 2 years from the date of the filing of the lien. 5
Sources
A person who may claim a construction lien must give notice of the right to claim a lien to the contracting owner in order to claim a lien.
The notice of the right to claim a lien may not be given later than 20 days after the date on which the services or materials are first furnished to the contracting owner, except as provided in subsection (4).
An original contractor who furnishes services or materials directly to the owner at the owner's request is not required to give notice of the right to claim a lien.
A person's lien does not attach and may not be enforced unless the person has filed a lien not later than 90 days after the person's final furnishing of services or materials or the owner's filing of a notice of completion.
All actions under this part must be commenced within 2 years from the date of the filing of the lien.
Frequently asked questions
- Who may claim a construction lien in Montana?
- A person who furnishes services or materials pursuant to a real estate improvement contract may claim a construction lien, to the extent provided in Part 5, to secure payment of the person's contract price.
- Is a notice of the right to claim a lien required?
- A person who may claim a construction lien must give the contracting owner a notice of the right to claim a lien in order to claim a lien, and that notice generally may not be given later than 20 days after the services or materials are first furnished. Certain claimants, such as an original contractor furnishing directly to the owner at the owner's request, are not required to give the notice.
- What is the deadline to file the lien?
- The lien must be filed not later than 90 days after the person's final furnishing of services or materials or after the owner files a notice of completion; otherwise the lien does not attach and may not be enforced.
- How long is there to enforce the lien?
- All actions under Part 5 must be commenced within 2 years from the date of the filing of the lien.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.