Individuals involved in the construction and real estate industry in the state of Montana should be appraised of all existing state lien laws and statutes. These lien laws and statutes protect future rights to make lien claims and other actions to foreclose on liens in the event of non-payment. Failure to adhere to appropriate filing deadlines or offer notice per statutes may invalid all rights to lien claims.
Primary contractors in the state of Montana are required to issue preliminary notice of right to claim lien within twenty (20) days of beginning any project. This preliminary notice of right to claim lien must be served to owner and recorded with clerk recorder in the appropriate county no later than five (5) working days following the notice to the owner. Additionally, if primary contractor is using sub contractor or materials suppliers, they must provide, upon request, to these individuals the name and contact information of project owner.
Primary contractors wishing to file lien against owner property are required to do so no more than ninety (90) days after the last date that services or materials were supplied to a given project or a notice of completion was signed by owner. Lien notice is required to be served by prime contractors to owner. Any enforcement of lien, including actions to foreclose, must occur no later than two (2) years following the filing date of the lien notice.
Sub contractors wishing to give preliminary notice of rights to make claims on a lien are required to do so within twenty (20) days of first providing service or materials. Notice must be served to owner and filed in county clerk recorder no more than five (5) days after giving notice to owner. Sub contractors taking action to claim liens must do so no more than ninety (90) days after the last date on a jobsite, which should include notice of lien filing being given to owner. Any action to foreclose on a given lien must occur before two (2) years lapses after the initial lien filing date.
Materials suppliers in the state of Montana must follow the same schedule and procedures as the sub contractors wishing to give notice on liens and lien actions. These key elements include: