Notice of Right to Claim a LienMT Code Ann. §§ 71-3-521 et seq.

Montana Preliminary Notice Requirements

Montana requires you to send a "Notice of Right to Claim a Lien" to protect your mechanics lien rights. Here's everything you need to know — who to send it to, when to send it, and how to deliver it.

Notice Required?

Yes

Must send to preserve lien rights

Deadline

20 days

From first furnishing

Late Notice?

Yes (20 days back)

Partial protection available

Notice Type

Preliminary

Understanding Preliminary Notices in Montana

Montana uses a preliminary notice system. Here's what that means in plain English: when you start working on a construction project (or deliver your first batch of materials), you need to send a document called the “Notice of Right to Claim a Lien” to certain people within 20 days.

Imagine you're an electrician hired to wire a new office building in Montana. Your first day on the job site is March 1st. Under Montana law, you need to send the Notice of Right to Claim a Lien by March 21st. This notice goes to the property owner. Send it on time to keep your lien rights active. This is the single most important compliance step on any Montana project.

Who Needs to Send a Preliminary Notice in Montana?

This applies to nearly everyone who works on a construction project and wants to protect their payment rights. That includes general contractors, subcontractors (electricians, plumbers, roofers, etc.), material suppliers (lumber, concrete, fixtures), equipment rental companies, laborers, architects and engineers, and surveyors. The specific rules — like who you need to notify and your deadline — depend on your role. Check the table below to see exactly what applies to you.

Why Preliminary Notices Matter

The Notice of Right to Claim a Lien is what keeps your lien rights active in Montana. It's standard paperwork — sending it on time protects your payment on every project.

What If You Miss the Deadline?

Late Notice is Better Than No Notice

If you miss the 20-day deadline, don't give up. Montana allows late notices with partial protection. A late Notice of Right to Claim a Lien covers your work from the 20 days BEFORE you sent the notice, plus everything after. You only lose protection for the earliest work. Send it as soon as you realize you missed the deadline.

Who Must Receive the Notice of Right to Claim a Lien?

Who you need to notify depends on your role on the project. Here's a simple breakdown:

If You Are A...You Must Notify...
General ContractorNo notice typically required (direct contract with owner)
SubcontractorProperty Owner
Material SupplierProperty Owner
LaborerProperty Owner
Equipment Rental CompanyProperty Owner
Architect / Engineer / SurveyorProperty Owner

How to Deliver the Notice in Montana

Use one of the approved delivery methods below to make sure your notice is valid. Montana accepts these methods:

Certified Mail — You send via USPS and get a green receipt card proving the notice was delivered. This is the gold standard because it creates clear proof of delivery.

Personal Delivery — You (or someone you designate) hand-deliver the notice directly to the recipient. Make sure to get a signed acknowledgment as proof.

Statutory Notice Language

Montana law requires your Notice of Right to Claim a Lien to include specific warning language. This isn't language you write yourself — it's exact wording specified by MT Code Ann. §§ 71-3-521 et seq.. Using the wrong language (or leaving it out) can invalidate your notice. LienGrid automatically includes the correct statutory language for Montana.

Owner Warning Language (excerpt from MT Code Ann. §§ 71-3-521 et seq.)

NOTICE OF THE RIGHT TO CLAIM A LIEN WARNING: READ THIS NOTICE. PROTECT YOURSELF FROM PAYING ANY CONTRACTOR OR SUPPLIER TWICE FOR THE SAME SERVICE. This is to inform you that the claimant named herein has begun to provide services or materials ordered for improvements to property you own. If the claimant is not paid, a lien may be filed against the property. THIS IS NOT A LIEN. It is a notice sent to you for your protection in compliance with the construction lien laws of the state of Montana. ...

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

Preliminary Notice Requirements by County in Montana

Select your county for specific guidance on sending preliminary notices in your area.

56 counties found

BeaverheadBig HornBlaineBroadwaterCarbonCarterCascadeChouteauCusterDanielsDawsonDeer LodgeFallonFergusFlatheadGallatinGarfieldGlacierGolden ValleyGraniteHillJeffersonJudith BasinLakeLewis and ClarkLibertyLincolnMadisonMcConeMeagherMineralMissoulaMusselshellParkPetroleumPhillipsPonderaPowder RiverPowellPrairieRavalliRichlandRooseveltRosebudSandersSheridanSilver BowStillwaterSweet GrassTetonTooleTreasureValleyWheatlandWibauxYellowstone

Montana Preliminary Notice FAQ

Common questions about preliminary notices in Montana, answered so anyone can understand.

A preliminary notice is a simple document you send near the beginning of a construction project to let the property owner (and sometimes the general contractor and lender) know that you're working on their property. It's NOT a threat, a lien, or a sign that something is wrong — it's a standard business practice required by law in many states. Think of it as "checking in" to say: "I'm providing labor/materials on this project, and I expect to be paid." In Montana, this document is officially called the "Notice of Right to Claim a Lien" and is governed by MT Code Ann. §§ 71-3-521 et seq..
Yes, Montana requires it. If you skip this step, you could lose your right to file a mechanics lien later — which means you'd have much less legal leverage if you don't get paid. In Montana, the "Notice of Right to Claim a Lien" must be sent within 20 days of when you first start working or delivering materials. The notice requirement exists to ensure transparency on construction projects — everyone involved should know who is providing labor and materials.
You have 20 days from the date you FIRST provide labor or materials to the project. Your "clock starts" on your very first day of work or your first delivery. For example, if you delivered lumber on March 1st, you'd need to send the Notice of Right to Claim a Lien by March 21st. Pro tip: send the notice as soon as you start a project — don't wait until the deadline is close.
In Montana, it's officially called the "Notice of Right to Claim a Lien" (formal document title: "NOTICE OF RIGHT TO CLAIM A CONSTRUCTION LIEN"). Different states use different names for essentially the same concept — you might hear it called a "preliminary notice," "notice to owner," "notice of furnishing," or "pre-lien notice" depending on the state. The Montana version follows the requirements laid out in MT Code Ann. §§ 71-3-521 et seq..
Don't panic — a late notice is better than no notice at all. In Montana, if you send the Notice of Right to Claim a Lien after the 20-day deadline, it still gives you partial protection. Specifically, you'll be covered for work and materials from the 20 days BEFORE you sent the late notice, plus everything after that date. You only lose protection for the earliest work. Example: If you started work on January 1st but didn't send notice until February 15th, you'd be protected for work from January 26th onward, but not for work done before that. Send the notice today if you haven't already.
It depends on your role on the project. Here's a simple breakdown: General contractors typically don't need to send a preliminary notice (since they're already in a direct contract with the owner). Subcontractors (hired by the GC or another sub) must notify: the property owner. Material Suppliers must notify: the property owner. Laborers 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. It's critical to send the notice to ALL required parties — missing even one can weaken your legal standing.
Montana accepts these delivery methods: Certified Mail, Personal Delivery. Most people use certified mail because it gives you a receipt proving the notice was sent AND received — this is your proof if there's ever a dispute. Keep the receipt and tracking number in your project file. Important: if you use a delivery method that isn't on the approved list, your notice could be considered legally invalid even if the recipient actually received it. Don't take shortcuts with delivery.
Yes — Montana requires the Notice of Right to Claim a Lien to include specific warning language spelled out in MT Code Ann. §§ 71-3-521 et seq.. This isn't language you make up yourself. The state has exact wording that must appear on the notice, explaining to the property owner their rights and the potential consequences of unpaid work. Using the wrong language (or leaving it out) could make your notice invalid. This is one reason many contractors use tools like LienGrid — it automatically includes the correct statutory language for Montana so you don't have to worry about getting it wrong.
This is a big deal: if you skip the required Notice of Right to Claim a Lien in Montana, you could completely lose your right to file a mechanics lien. That means if you're not paid for $50,000 worth of work, you might have no lien to fall back on. You could still pursue other legal options like breach of contract lawsuits, but those are more expensive and time-consuming than filing a lien. The preliminary notice is your insurance policy — a small upfront step that protects potentially large payments down the road. Never skip it.
Montana's Notice of Right to Claim a Lien requirements apply to both types of projects, but there can be important differences. Residential projects (homes, condos, small apartments) often have extra protections for homeowners — for example, some states require additional disclosures or have shorter deadlines for residential work. Commercial projects (offices, retail spaces, industrial buildings) may have different thresholds or requirements. Always check MT Code Ann. §§ 71-3-521 et seq. for the specific rules that apply to your project type, or use a compliance tool like LienGrid that automatically adjusts for the project type.
Yes — LienGrid automates the entire preliminary notice process for Montana. Instead of manually tracking deadlines, looking up who needs to receive the notice, and making sure you use the right legal language, LienGrid does it all for you. The platform generates your Notice of Right to Claim a Lien with the correct Montana statutory language, identifies every required recipient, tracks your 20-day deadline, and can even send the notice via Certified Mail, Personal Delivery on your behalf. It's the easiest way to stay compliant and protect your right to get paid. Try it free — no credit card required.
View Montana mechanics lien filing requirements

Preliminary Notice Rules in Neighboring States

Idaho →North Dakota →South Dakota →Wyoming →
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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