.svg)
A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules on who can lien, what notices are required, and when liens must be filed and enforced. This guide walks through the essentials of Montana's lien rights so you can better protect your right to be paid.
Not required
Notice of Right to Claim Lien required within 20 days after first furnishing (or 45 days for regulated-lender projects) and filed with the county clerk within 5 business days
Not required
Not required
Not required
Not required
Within 90 days after last furnishing of labor or materials, or after a recorded Notice of Completion, whichever occurs first
Within 90 days after last furnishing of labor or materials, or after a recorded Notice of Completion, whichever occurs first
Within 90 days after last furnishing of labor, or after a recorded Notice of Completion, whichever occurs first
Within 2 years of the lien filing date
Within 2 years of the lien filing date
Within 2 years of the lien filing date
Unpaid contract price, reduced by valid lower-tier lien claims
Unpaid contract price (or reasonable value if no price agreed)
Unpaid value of labor performed
Mechanic's liens in Montana apply to private construction projects. Public projects over $150,000 follow a different process: general contractors (GCs) must provide payment and performance bonds instead of relying on lien rights.
If you're working on a private project, Montana's Construction Lien Law outlines everything you need to know: who can file, what work qualifies, and when notices and liens must be recorded. Timelines and requirements vary by role, so understanding where you fit in the project is key.
These statutes can be dense, so we've distilled them below. Here's what to expect—and how to protect your payment rights from the start.
In Montana lien laws, mechanic's lien rights extend to:
- General (original) contractors
- Subcontractors and lower-tier subcontractors
- Material suppliers and vendors
- Laborers and wage earners performing personal labor services
- Design professionals providing qualifying plans, surveys, architectural, or engineering work
- Equipment and tool providers
Montana lien rights apply to work that contributes to a change in the physical condition of real estate under a “real estate improvement contract.” Here are some examples of what’s considered lienable—and what isn’t—in Montana.
Lienable Work in Montana
- Excavation, fill, grading, or other alteration of land surface
- Construction or installation on, above, or below the surface
- Demolition, repair, remodeling, or removal of existing structures
- Landscaping operations like seeding and sodding
- Surface or subsurface testing, boring, or analysis
- Plans, surveys, or architectural or engineering plans/drawings for a physical change (even if not used)
- Materials incorporated into the improvement, consumed as normal wastage, or specially fabricated
- Certain materials used for construction or operation of machinery or equipment during construction
- Rental tools, appliances, and machinery
Non-Lienable Work in Montana
- Work on public projects
- Mining for or removing timber, minerals, gravel, soil, sod, or other land-based materials for sale
- Planting, cultivating, or harvesting crops, or preparing the soil for such activities
- Materials or supplies not used on the job
- Tools or equipment outside the limits of MCA § 71-3-524
Before filing a lien in Montana, make sure you’ve met any notice or preliminary requirements that apply to your role (see table above).
Deadline to File
All claimants must file a construction lien no later than ninety days after the earlier of the following:
- The claimant’s final furnishing of labor or materials, or
- The date the owner records a Notice of Completion.
Filing Requirements
- Filing location: Clerk and recorder’s office in the county where the property is located.
- Form requirements: The construction lien notice must follow Montana’s statutory form and include:
- Claimant’s name and address
- Property description sufficient for identification (legal description or street address)
- Owner’s name
- Payer’s name and address
- Description of work, services, or materials
- Unpaid amount for work, services, or materials
- Work start and end date
- Declaration if Notice of Right to Claim a Lien was given to the owner with explanation
- Certification that a copy of the lien claim has been served to the owner
- Verification: Some Montana counties may require liens to be notarized; check with the county clerk if unsure.
- Filing fee: Yes, but specific fees vary by county.
Service Requirements
After filing a mechanic’s lien, claimants must send a copy of the lien to each owner of record by personal service or by certified mail (return receipt requested). The recorder cannot file the lien unless the claimant provides a certification that service was made (see MCA § 71-3-534(2), 71-3-535(2)(b)).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Montana.
Enforcement Requirements
- Enforcement deadline: A lien foreclosure action must be commenced within two years from the filing date of the lienor the lien expires.
- Filing location: File in the district court in the county where the property is located.
- Lien priority: Among claimants on the same project, construction liens generally have equal priority and share proceeds pro rata if there isn’t enough to pay everyone. Among other recorded interests, a construction lien generally has priority over interests recorded after the lien attaches; earlier-recorded interests generally stay ahead.
Lien Release Requirements
Once a lien has been paid, the claimant must record a satisfaction of lien in the same manner as a mortgage release. Failure to release a satisfied lien may make the claimant liable for damages and costs caused by the failure to release (MCA § 71-3-537).
Special note: If you filed a Notice of Right to Claim a Lien, you must also file a release of that notice once paid (and within five business days after the owner requests it) per MCA § 71-3-538.
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
- Meaningful visibility: View the lien protection status for each project to identify and mitigate risk.
- Document creation: Generate state-specific lien notices instantly using existing project data
- Integrated delivery: Send notices via certified mail directly from Siteline to streamline delivery.
Montana’s construction lien statutes don’t state anything about construction team members needing to be licensed. That being said, it’s generally best practice to obtain one before the project starts.
Yes. In Montana, a property owner may record a Notice of Completion at the end of a project. The notice can affect lien deadlines because a claimant must file a construction lien within 90 days of their last day of furnishing or the date the Notice of Completion was filed—whichever comes first.
This is a super subtle nuance, so let’s break it down:
- Without a Notice of Completion, you always get a full 90 days from your last day of work.
- With a Notice of Completion, you might get less than 90 days if the owner files the notice soon after the work stops. In that case, the Notice of Completion deadline can cut off your filing period earlier than your normal last-furnishing date would.
No. Montana does not require a notice of intent to lien before recording a mechanic’s lien.
In Montana, the subcontractors, sub-tier subcontractors, and suppliers must send the owner a Notice of Right to Claim a Lien. The notice must be delivered (1) by certified mail or personal delivery and (2) within 20 days after first furnishing labor or materials, or 45 days for projects funded through a regulated-lender loan secured for that improvement and the project is not owner-occupied.
This notice must also substantially follow the content requirements outlined in MCA § 71-3-532, and a copy of it must be filed with the county clerk and recorder within five business days after the notice is given.
There are no specific lien waiver forms to fill out in Montana. Clearly state the amount being waived and the applicable property for work performed. For more information, review our Montana lien waiver guide here.
In Montana, a construction lien generally covers the unpaid portion of your contract price. This includes approved change orders and extras that are part of the contract, or—if no price was agreed upon—the reasonable value of the labor or materials provided.
If you are an upstream party, such as the GC, your lien amount may be reduced by valid construction liens filed by lower-tier parties who claim through you (MCA § 71-3-526(2)).
Montana law places additional limits on certain types of costs. Materials must be furnished with the intent that they be used on the project and must meet the statute’s incorporation or use requirements. Claims for tools, machinery, and equipment are allowed only in specific situations and are generally limited to rental value or reduced value after use (MCA § 71-3-524).
Finally, if you were required to send a Notice of Right to Claim a Lien and did not send it on time, your lien amount is limited. In this case, the lien is enforceable only for the labor, services, or materials furnished during the 20-day period (or 45 days in certain regulated-lender projects) immediately before the notice was sent (MCA § 71-3-531(3)–(4)).
Not necessarily. Montana’s lien law is based on a real estate improvement contract, which can be expressed or implied. Practically speaking, a written contract is still best because it makes it much easier to prove scope, pricing, and timing if the lien is challenged.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.