Montana Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Montana liens are filed and enforced
A Montana mechanics lien is filed with the County Clerk and Recorder in the county where the project sits — 90 days from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Montana claimants lose rights far more often by missing the second one than the first.
Montana deadlines by claimant role
For general contractors: Record the lien — 90 days from last furnishing (Mont. Code Ann. § 71-3-535). For subcontractors and suppliers: Record the lien — 90 days from last furnishing (Mont. Code Ann. § 71-3-535); file suit — 2 years from lien recorded (Mont. Code Ann. § 71-3-545); bond notice — 90 days from last furnishing (Mont. Code Ann. § 18-2-202); file suit — 1 years from last furnishing (Mont. Code Ann. § 18-2-202); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)); file suit miller act — 1 years from last furnishing (40 U.S.C. § 3133(b)(1)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Montana
File claim of lien within 90 days of last furnishing of labor or materials. No preliminary notice required. File claim of lien within 90 days. Serve copy on owner within 10 days of recording. File suit to enforce lien within 2 years of recording. Written notice within 90 days of last furnishing on public works projects. File suit on payment bond within 1 year of last furnishing. Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year. Public: prime must pay sub within 30 days of receiving payment. Interest accrues on late public payments.
How Montana notices must be served
Montana does not impose a preliminary notice on most claimants (N/A), but the notices it does require are strict on method. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested. Service runs to the Prime Contractor and Surety. Keep the proof of service in the project file — Montana disputes over whether a notice was properly served are decided on that documentation.
Public projects in Montana
No lien attaches to public property in Montana. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (Mont. Code Ann. § 18-2-202). 5 public-project deadlines are tracked for Montana.
Montana statute citations
The Montana deadlines above come from Mont. Code Ann. § 71-3-535, Mont. Code Ann. § 71-3-545, Mont. Code Ann. § 18-2-202, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Mont. Code Ann. § 17-8-314, Mont. Code Ann. § 18-2-302. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Montana construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Montana?
90 days — From last date of furnishing. The filing goes to the County Clerk and Recorder in the project's county. See Mont. Code Ann. § 71-3-535. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Montana?
With the County Clerk and Recorder in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Montana require a preliminary notice?
Not for most claimants (N/A). Sub-tier claimants should still document first furnishing, because Montana's filing and enforcement windows are applied strictly.
How long do you have to enforce a Montana mechanics lien?
2 years — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Montana?
Retainage released within 30 days of final acceptance on public contracts. 10% maximum retainage. (Mont. Code Ann. § 18-2-302).