How to File a Mechanics Lien in Montana
Step 1 — Confirm you have lien rights in Montana
Montana's recorded rules cover general contractors, subcontractors and suppliers (Mont. Code Ann. § 71-3-535). Each of those roles has its own filing window — see Step 3. Montana rule detail: File claim of lien within 90 days of last furnishing of labor or materials. No preliminary notice required.
Step 2 — Montana requires no preliminary notice
Montana does not condition lien rights on an early notice. That removes the most common way claims are lost, but it also means the Step 3 filing date is your only checkpoint. Montana rule detail: File claim of lien within 90 days. Serve copy on owner within 10 days of recording.
Step 3 — Your Montana filing deadline
Montana sets the window by claimant role: • General contractors: within 90 days of your last day of work or materials. • Subcontractors and suppliers: within 90 days of your last day of work or materials. The clock runs from last date of furnishing — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Montana rule detail: File suit to enforce lien within 2 years of recording.
Step 4 — Prepare and record the lien in Montana
Record in the county where the property sits, under Mont. Code Ann. § 18-2-202. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Montana rule detail: Written notice within 90 days of last furnishing on public works projects.
Step 5 — Serve the recorded Montana lien
Montana requires service on County Clerk and Recorder and Prime Contractor and Surety and Prime Contractor. Use Certified Mail, Return Receipt Requested and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Montana rule detail: File suit on payment bond within 1 year of last furnishing.
Step 6 — Enforce before the Montana deadline expires
You must sue to foreclose within 2 years (filing) (40 U.S.C. § 3133(b)(2)). Miss it and the lien expires and title clears, leaving only a contract claim. Montana rule detail: Second-tier claimants only. No notice = no bond claim.
Retainage rules that affect your Montana claim
Montana treats retainage on its own schedule (Mont. Code Ann. § 18-2-302), so money still held back may have a different due date than your progress billings. Montana rule detail: File no sooner than 90 days AND no later than 1 year.
Other Montana requirements that void liens
• Public: prime must pay sub within 30 days of receiving payment. Interest accrues on late public payments. • Retainage released within 30 days of final acceptance on public contracts. 10% maximum retainage. • Public prompt payment: prime must pay sub within 30 days of receiving payment from public owner. Interest accrues on late public payments.
Frequently Asked Questions
How long do I have to file a mechanics lien in Montana?
Montana requires the lien to be recorded within 90 days, measured from last date of furnishing. The exact window depends on your role — general contractors: within 90 days of your last day of work or materials.
Do I need to send a preliminary notice before filing in Montana?
No. Montana does not require a preliminary notice as a precondition to filing, which is unusual. Your filing deadline is therefore the only checkpoint protecting your lien rights.
Where do I file a mechanics lien in Montana?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Montana filing deadline?
Your lien rights are extinguished. Montana courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Montana?
Once recorded, you must file suit to enforce within 2 years (filing). If you do not, the lien expires automatically and no longer clouds the property's title.