Montana Notice of Right to Claim Lien & Construction Lien — Mont. Code § 71-3-531 / § 71-3-535 / § 71-3-551 / § 71-3-562 County Clerk and Recorder Filing Guide (2026)
✓ Verified against Montana statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
Montana mechanics lien deadlines at a glance
Preliminary Notice
None — N/A
Mechanics Lien
90 days — From last date of furnishing
Enforcement
2 years — From filing
Manage your Montana deadlines and projects — start free → · All Montana deadlines & forms
What Is the Montana Pre-Claim Notice Framework and How Does the Lien Workflow Operate?
Montana's construction lien framework is codified at Title 71, Chapter 3, Part 5 of the Montana Code Annotated (Mont. Code §§ 71-3-501 through 71-3-571). The framework operates as a four-gate workflow with a residential-only pre-claim notice obligation. On owner-occupied residential dwellings of four or fewer units, (1) sub-tier claimants file the Mont. Code § 71-3-531 Notice of Right to Claim Lien with the county clerk and recorder within 20 days after first furnishing, with a copy mailed to the owner. On every Montana project regardless of project type, (2) all claimants file the Mont. Code § 71-3-535 Construction Lien with the county clerk and recorder of the county in which the property is located within 90 days after last furnishing — accelerated to 45 days if the owner records a Mont. Code § 71-3-551 Notice of Completion; (3) the claimant serves a copy of the recorded Construction Lien on the owner within a reasonable time after recording under Mont. Code § 71-3-541; and (4) the claimant commences the Mont. Code § 71-3-562 foreclosure suit in the Montana District Court within 2 years after recording, with a lis pendens.
Who Must File a Montana Construction Lien Under Mont. Code § 71-3-535?
Under Mont. Code § 71-3-522, every person performing labor upon or furnishing materials, equipment, or services for the construction, alteration, repair, or improvement of any building, structure, or other improvement to real property in Montana holds a lien. Original (general) contractors, subcontractors, sub-subcontractors, material suppliers, equipment lessors, design professionals, and laborers all file their own Mont. Code § 71-3-535 Construction Lien and (on owner-occupied 1-4 family residential dwellings) their own Mont. Code § 71-3-531 Notice of Right to Claim Lien. Montana Independent Contractor Central Unit (ICCU) registration is a threshold predicate — under Mont. Code § 39-9-201 et seq., every Montana construction contractor performing work as an independent contractor must hold an Independent Contractor Exemption Certificate (ICEC), and Mont. Code § 39-9-204 bars an unregistered contractor from bringing any action to enforce a construction contract in Montana courts including a lien foreclosure.
Mont. Code § 71-3-531 Notice of Right to Claim Lien: The 20-Day Residential Pre-Claim Notice
Under Mont. Code § 71-3-531, sub-tier claimants (subcontractors, sub-subcontractors, material suppliers, equipment lessors, design professionals NOT in direct contract with the owner) on an owner-occupied residential dwelling of four or fewer units must file a Notice of Right to Claim Lien with the county clerk and recorder of the county in which the property is located within 20 days after first furnishing labor, services, equipment, or materials, with a copy mailed to the owner. Failure forfeits the sub-tier residential lien for furnishing performed more than 5 days before the late notice was filed. The § 71-3-531 obligation is residential-only and sub-tier-only — it does NOT apply on commercial Montana projects, on residential dwellings of five or more units, on non-owner-occupied residential property, or to original contractors in direct contract with the owner. On those projects, Montana imposes NO statewide pre-claim notice obligation.
Mont. Code § 71-3-535 Construction Lien: The 90-Day Filing Window
Under Mont. Code § 71-3-535, the Construction Lien must be filed with the county clerk and recorder of the county in which the property is located within 90 days after the date the lien claimant last performed labor or services or furnished materials, equipment, or supplies. The 90-day clock runs from THIS claimant's last furnishing — not from project-wide completion. The 90-day window applies uniformly across all claimant types. The Construction Lien must be verified by oath and must include claimant name and address, owner of record, contracting party, sufficient property description with legal description from the county clerk and recorder's records, description of labor / services / equipment / materials, dates of first and last furnishing, and amount due after just credits and offsets.
Mont. Code § 71-3-551 Notice of Completion: The 45-Day Silent Accelerator
Under Mont. Code § 71-3-551, an owner who records a Notice of Completion with the county clerk and recorder accelerates the 90-day Construction Lien filing window to 45 days after recording. The Notice of Completion is RECORDED with the county clerk and recorder — it is constructive notice on recording, and Montana does NOT require the owner to mail a copy to known claimants. This makes the § 71-3-551 accelerator Montana's most dangerous silent lien-timing trap. The accelerator is comparable to California's Notice of Completion under Cal. Civ. Code § 8412 (sub-tier compression to 30 days), Arizona's under A.R.S. § 33-993(C) (60 days), Alaska's under AS 34.35.071 (15 days), and Wyoming's under W.S. § 29-1-312 (30 days). Safer practice: file an early Construction Lien within 30 days of last furnishing.
Mont. Code § 71-3-562 Two-Year Foreclosure Window and Montana's 56 Counties / 22 Judicial Districts
Under Mont. Code § 71-3-562, foreclosure must be commenced in the Montana District Court for the judicial district in which the property is located within 2 years after the Construction Lien is recorded. If foreclosure is not commenced within 2 years, the lien is extinguished by operation of law. Montana's 2-year window is one of the LONGEST in the United States — aligning with New Mexico's two years under NMSA § 48-2-10. Montana has 56 counties grouped into 22 judicial districts: First (Helena — Lewis and Clark / Broadwater), Second (Butte-Anaconda — Silver Bow / Deer Lodge), Fourth (Missoula — Missoula / Mineral), Eighth (Great Falls — Cascade / Chouteau / Glacier / Pondera / Teton / Toole), Eleventh (Kalispell — Flathead), Thirteenth (Billings — Yellowstone), and Eighteenth (Bozeman — Gallatin), plus 15 other Montana judicial districts. The Construction Lien must be filed with the county clerk and recorder of the county where the property is located; the foreclosure must be filed in the Montana District Court for the judicial district where the property is located. On Montana public works exceeding $50,000, no private lien attaches — pursue the prime's payment bond under the Montana Mini Miller Act at Mont. Code § 18-2-201 et seq. On federal projects (Malmstrom AFB, Glacier National Park, Yellowstone Montana entrances, Little Bighorn, Big Hole, Grant-Kohrs Ranch NHS, Bighorn Canyon NRA, the eleven Montana National Forests, Bureau of Reclamation reservoirs, BLM Montana, federal Indian Trust land), pursue the federal Miller Act payment bond under 40 U.S.C. § 3131 et seq.
Frequently Asked Questions
Does Montana require a preliminary notice before filing a construction lien?
Only on owner-occupied residential dwellings of four or fewer units. Under Mont. Code § 71-3-531, sub-tier claimants on owner-occupied 1-4 family residential dwellings must file a Notice of Right to Claim Lien with the county clerk and recorder within 20 days after first furnishing, with a copy mailed to the owner. Failure forfeits residential lien rights for furnishing more than 5 days before the late notice. The obligation does NOT apply to original contractors in direct contract with the owner, commercial Montana projects, residential 5+ unit projects, or non-owner-occupied residential property — on those projects Montana imposes NO statewide pre-claim notice obligation.
When must the Montana Construction Lien be filed under Mont. Code § 71-3-535?
Within 90 days after the date the lien claimant last performed labor or services or furnished materials, equipment, or supplies. The 90-day clock runs from THIS claimant's last furnishing. The 90-day window applies uniformly across all claimant types (original contractors, subcontractors, sub-subcontractors, material suppliers, equipment lessors, design professionals, laborers) — eliminating the split-window complexity in California, Oregon, Alaska, and Wyoming.
What is the Mont. Code § 71-3-551 Notice of Completion 45-day silent accelerator?
An owner-recorded Notice of Completion at the county clerk and recorder accelerates the 90-day Construction Lien filing window to 45 days. The Notice of Completion is constructive notice on recording — Montana does NOT require the owner to mail a copy to known claimants — making the § 71-3-551 accelerator Montana's most dangerous silent lien-timing trap. The safer practice is to file the Construction Lien within 30 days of last furnishing to neutralize the accelerator entirely.
Where is the Montana Construction Lien filed?
With the county clerk and recorder of the county in which the property is located. Montana has 56 counties — Yellowstone (Billings — largest metro), Missoula (Missoula — University of Montana), Gallatin (Bozeman — Big Sky / fastest growth), Cascade (Great Falls — Malmstrom AFB), Flathead (Kalispell — Glacier / Whitefish), Lewis and Clark (Helena — state capital), Silver Bow (Butte), Lake (Polson — Flathead Reservation), Park (Livingston), Ravalli (Hamilton), and 46 others. Filing in the wrong Montana county is a fatal recording defect at foreclosure.
How long does a Montana construction lien last after filing?
Under Mont. Code § 71-3-562, foreclosure must be commenced in the Montana District Court for the judicial district where the property is located within 2 years after the Construction Lien is recorded. If foreclosure is not commenced within 2 years, the lien is extinguished by operation of law. A lis pendens is recorded with the county clerk and recorder. Montana's 2-year window is one of the longest in the U.S. — aligns with New Mexico's two years under NMSA § 48-2-10. Montana has 22 judicial districts.
Does Montana require contractor registration before filing a construction lien?
Yes. Under Mont. Code § 39-9-201 et seq., every Montana construction contractor performing work as an independent contractor must register with the Montana Department of Labor and Industry — Independent Contractor Central Unit (ICCU), which issues Independent Contractor Exemption Certificates (ICEC). Under Mont. Code § 39-9-204, an unregistered contractor is barred from bringing any action to enforce a construction contract — including the Mont. Code § 71-3-562 lien-foreclosure action. Verify ICEC status through erd.dli.mt.gov.
How does Montana handle public works and federal projects?
No private construction lien attaches to public property. On Montana state, county, municipal, and school-district public works over $50,000, pursue the prime contractor's payment bond under the Montana Mini Miller Act at Mont. Code § 18-2-201 et seq. On federal projects (Malmstrom AFB in Cascade County — 341st Missile Wing operating Minuteman III ICBMs across a 13,800-square-mile missile-field complex; Glacier National Park; Yellowstone's Montana entrances; Little Bighorn Battlefield; Bighorn Canyon NRA; the eleven Montana National Forests; Bureau of Reclamation Canyon Ferry / Tiber / Fresno / Clark Canyon / Yellowtail reservoirs; BLM Montana State Office holdings; Flathead / Blackfeet / Crow / Northern Cheyenne / Fort Belknap / Fort Peck / Rocky Boy's federal Indian Trust land), the federal Miller Act at 40 U.S.C. § 3131 et seq. preempts state lien rights.