MT Code Ann. §§ 71-3-521 et seq.Preliminary Notice Required

Montana Mechanics Lien Law

Did work on a construction project in Montana and didn't get paid? A mechanics lien is your strongest legal tool to collect. This guide covers everything — who can file, what notices you need to send, and when your deadlines are — in plain English, not lawyer-speak.

Preliminary Notice

20 days

Notice of Right to Claim a Lien required

Lien Filing Deadline

90 days

From last provision of services or materials

Enforcement Period

2 years

To file foreclosure suit

Project Types

All Projects

Understanding Montana Mechanics Lien Law

If you've done construction work in Montana and haven't been paid, you have the legal right to file a mechanics lien under MT Code Ann. §§ 71-3-521 et seq.. A mechanics lien is a claim against the property you improved — it prevents the owner from selling or refinancing until your payment is resolved.

Montana uses a preliminary notice system. This means before you can file a lien, you must first send a document called the “Notice of Right to Claim a Lien” within 20 days of when you first start working or delivering materials. Think of this as registering your involvement on the project — it's not a threat, it's a required legal step. If you skip it or send it late, you could lose your right to file a lien entirely.

Who Can File a Mechanics Lien in Montana?

Nearly anyone who contributes to a construction project can file a lien if they're not paid. This includes general contractors, subcontractors (electricians, plumbers, roofers, etc.), material suppliers (lumber, concrete, fixtures), equipment rental companies, laborers, architects and engineers, and surveyors. You don't need a direct contract with the property owner — even if you're several layers down the payment chain, Montana law likely protects your right to get paid. The specific rules (like notice deadlines) vary by your role, so check the details below.

How a Mechanics Lien Protects You

A mechanics lien is one of the most powerful payment tools in construction — it puts a legal claim on the property itself. That means the owner can't easily sell, refinance, or get a clear title until your payment is resolved. In many cases, filing a lien typically motivates payment without going to court. To protect your lien rights, file on time and follow Montana's notice requirements. That's what this guide covers.

Montana Preliminary Notice Requirements

Required: Notice of Right to Claim a Lien

You must send this notice within 20 days of first furnishing labor or materials. Sending it on time keeps your lien rights active and all your options open.

Late Notice Allowed (Partial Protection)

If you miss the deadline, you can still send a late notice. It will protect your lien rights for work done within 20 days before the notice was sent, plus all work after. Better late than never.

Who Must Receive the Notice?

Make sure every required party receives notice — this keeps your filing valid and your rights protected. Here's who needs to receive the Notice of Right to Claim a Lien in Montana, based on your role:

Your RoleMust Notify
General ContractorNo preliminary notice required
SubcontractorProperty Owner
Material SupplierProperty Owner
LaborerProperty Owner
Equipment Rental CompanyProperty Owner
Architect / Engineer / SurveyorProperty Owner

Accepted Delivery Methods in Montana

Use an approved method to make sure your notice holds up. Montana accepts these methods:

Certified Mail — Sent via USPS with a signed receipt proving delivery. This is the most commonly used method because it provides clear proof.

Personal Delivery — Hand-delivered directly to the recipient. Get a signed acknowledgment.

Montana Lien Filing & Enforcement Deadlines

Lien Filing Deadline

90 days

Measured from: last provision of services or materials. If you miss this deadline, you lose the right to file a lien on the project.

Enforcement Deadline

2 years

After filing your lien, you have this long to file a lawsuit (foreclosure action) to enforce it. If you don't, the lien expires.

Key Rules for Montana

Prime contractors do not need preliminary notice

Default deadline: 20 days from first furnishing. Non-owner-occupied lender-funded projects: 45 days

Not required for commercial projects per Mont. Code Ann. § 71-3-531(1)

Must file with clerk and recorder within 5 business days of serving owner

See Mont. Code Ann. 71-3-532(3)(g) for required notice language

Official Montana Resources

These are official state government websites where you can look up statutes, verify contractor licenses, and search business registrations.

State Legislature

Look up Montana lien statutes and laws

Montana Legislature

Contractor Licensing

Verify licenses and check requirements

Montana Board of Professional Engineers and Land Surveyors

Secretary of State

Business entity search and registration

Montana Secretary of State

Find Montana Lien Law by County

Select your county to see how Montana's mechanics lien requirements apply to projects in your area.

56 counties found

BeaverheadBig HornBlaineBroadwaterCarbonCarterCascadeChouteauCusterDanielsDawsonDeer LodgeFallonFergusFlatheadGallatinGarfieldGlacierGolden ValleyGraniteHillJeffersonJudith BasinLakeLewis and ClarkLibertyLincolnMadisonMcConeMeagherMineralMissoulaMusselshellParkPetroleumPhillipsPonderaPowder RiverPowellPrairieRavalliRichlandRooseveltRosebudSandersSheridanSilver BowStillwaterSweet GrassTetonTooleTreasureValleyWheatlandWibauxYellowstone

Montana Mechanics Lien FAQ

Common questions about mechanics liens in Montana, answered in plain English.

In plain English: a mechanics lien is your legal right to get paid for construction work. If you did work on a building or property in Montana and the person who owes you money won't pay, you can place a lien — essentially a legal "hold" — on that property. This means the property owner can't easily sell or refinance until your bill is settled. If they still refuse to pay, you can go to court to force the sale of the property to collect what you're owed. In Montana, this protection comes from MT Code Ann. §§ 71-3-521 et seq.. It exists because construction is unique — you can't exactly repossess the plumbing you installed or the foundation you poured. Nearly anyone who works on a project (contractors, subs, suppliers, laborers, architects, engineers) can use this protection.
Yes. Montana requires you to send a document called a "Notice of Right to Claim a Lien" to protect your right to file a lien later. This is a "preliminary notice" — meaning you send it early, within 20 days of when you start working on (or delivering materials to) the project. It's not a threat or a sign of distrust — it's simply a required legal step that lets everyone on the project know you're involved and expect to be paid.
You have 90 days from last provision of services or materials to file your mechanics lien with the county recorder's office. This is a hard deadline — if you miss it, you lose your right to file a lien on that project entirely. For example, if you finish work on a project in March and the deadline is 90 days, start counting from your last day of work (or last material delivery) and make sure your lien is filed and recorded before that window closes. Pro tip: mark this date on your calendar the day you start a project and set reminders well in advance.
Under MT Code Ann. §§ 71-3-521 et seq., the following people and companies can file a mechanics lien in Montana if they're not paid for work on a construction project: general contractors (the main company hired by the property owner), subcontractors (plumbers, electricians, roofers, HVAC techs, etc. hired by the GC), sub-subcontractors (companies hired by subs), material suppliers (lumber yards, concrete companies, fixture suppliers), equipment rental companies (cranes, excavators, scaffolding), laborers and workers, architects and engineers who design the project, and surveyors. The key thing to understand: you don't need a direct contract with the property owner to file a lien. Even if you're three layers down the payment chain (the owner hired a GC, who hired a sub, who hired you), you likely still have lien rights in Montana. However, the specific notice requirements and deadlines vary depending on your role — subcontractors and suppliers typically have extra steps that general contractors don't.
Montana requires you to use one of these approved delivery methods: Certified Mail, Personal Delivery. Certified mail is the most commonly used method because it provides a receipt proving the notice was sent and delivered — this proof is important if there's ever a dispute. Using the wrong delivery method can make your notice legally invalid, so always stick to the approved methods. Keep copies of all delivery receipts and tracking information.
Who you need to notify depends on your role on the project. If you're the general contractor, you typically don't need to send a preliminary notice. If you're a subcontractor (hired by the GC or another sub), you need to notify: the property owner. Material suppliers must notify: the property owner. Laborers typically follow the same rules as subcontractors and must notify: the property owner. Equipment rental companies follow material supplier rules and must notify: the property owner. Design professionals (architects, engineers, surveyors) must notify: the property owner. Missing even one required recipient can weaken or invalidate your lien rights.
After you file a mechanics lien, it doesn't automatically get you paid — it's just a legal claim against the property. To actually collect, you need to "enforce" the lien by filing a lawsuit (called a foreclosure action) in court. In Montana, you must file this lawsuit within 2 years after recording the lien. If you don't file suit in time, the lien expires and you lose that leverage. The good news is that most liens get resolved through payment or negotiation before going to court — the lien itself is often enough motivation for the property owner to pay.
Yes, Montana mechanics lien laws cover both residential projects (homes, apartments, condos) and commercial projects (offices, retail spaces, warehouses). However, the rules can differ between the two. Residential projects often have extra protections for homeowners, while commercial projects may have different deadlines or notice requirements. Always check whether your specific project has any special rules under MT Code Ann. §§ 71-3-521 et seq..
Not necessarily! Montana allows late notices with partial protection. Here's how it works: if you send your Notice of Right to Claim a Lien late, you still get lien protection for all the work you did within 20 days BEFORE you sent the notice, plus everything after. You only lose protection for work done earlier than that 20-day window. So if you supplied $50,000 in materials over 60 days but only sent notice on day 45, you'd be protected for the materials delivered in the last 20 days plus anything going forward. A late notice is ALWAYS better than no notice — send it as soon as you realize you missed the deadline.

Here's the process step by step, with why each step matters:

Step 1 — Send the required "Notice of Right to Claim a Lien" to all required parties. WHY: This preserves your legal right to file a lien later. Skip it and you could lose everything.

Step 2 — Document everything: keep records of your contract, invoices, delivery tickets, and communications about nonpayment. WHY: If this goes to court, your records are your evidence.

Step 3 — Prepare your lien claim with your name, the property address, description of work performed, dates of first and last work, and the exact amount owed. WHY: Errors in the lien document can get the whole thing thrown out.

Step 4 — File the lien claim at the county recorder's office (small recording fee, usually $10-$75) within the 90 days deadline. WHY: This is the legal moment your claim attaches to the property — miss the deadline and you lose the right entirely.

Step 5 — Send a copy of the filed lien to the property owner. WHY: Many disputes resolve right here — owners take liens very seriously because they cloud the property title and block sales and refinancing.

Step 6 — If still not paid, file a lawsuit (foreclosure action) within 2 years. WHY: The lien expires if you don't enforce it. But most cases settle before this stage.

Montana uses a "preliminary notice" system. In plain terms, this means you need to send a heads-up letter (the "Notice of Right to Claim a Lien") EARLY in the project — within 20 days of when you start working or delivering materials. Think of it like registering your involvement. This notice isn't confrontational — it's standard practice and smart business. It simply puts everyone on notice that you're contributing to the project and expect to be paid. Without it, you could lose your right to file a lien later.
Montana has some important rules that can trip people up: (1) Prime contractors do not need preliminary notice. (2) Default deadline: 20 days from first furnishing. Non-owner-occupied lender-funded projects: 45 days. (3) Not required for commercial projects per Mont. Code Ann. § 71-3-531(1). (4) Must file with clerk and recorder within 5 business days of serving owner. (5) See Mont. Code Ann. 71-3-532(3)(g) for required notice language. These details matter — overlooking any of them could affect your ability to get paid. When in doubt, consult MT Code Ann. §§ 71-3-521 et seq. or speak with a construction attorney in Montana.
The full text of Montana's mechanics lien law is found in MT Code Ann. §§ 71-3-521 et seq.. You can read it for free on the Montana Legislature website. While the legal language can be dense, it's the definitive source for all requirements. For licensing questions, contact the Montana Board of Professional Engineers and Land Surveyors. For business registration, check the Montana Secretary of State.
LienGrid takes the complexity out of Montana mechanics lien compliance. Instead of tracking deadlines manually, figuring out who needs to receive notices, and worrying about using the right legal language, LienGrid handles it all automatically. The platform generates your Notice of Right to Claim a Lien with the correct statutory language, tracks all your deadlines, identifies every required recipient, sends notices via approved delivery methods, and alerts you before any deadline expires. It's like having a lien compliance expert on your team for every project. Start a free trial to see how it works.

Lien Laws in Neighboring States

Idaho →North Dakota →South Dakota →Wyoming →
View Montana Preliminary Notice Requirements
Content reviewed by LienGrid's compliance team|Last reviewed: March 2026

This information is for general guidance only and does not constitute legal advice. Montana laws change frequently — always verify current requirements and consult a licensed attorney in the relevant jurisdiction before taking legal action. LienGrid makes every effort to keep this information accurate, but we cannot guarantee completeness or currency.

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