MT · Mechanics Lien Law
Montana Mechanics Lien Law: Deadlines, Notices & Filing Guide
Montana mechanics lien and bond claim deadlines under MCA § 71-3-524 (private) and §§ 18-2-201 to 18-2-206 (public), explained by My Lien Lawyer. The 90-day recording window and optional early notice both depend on tracking furnishing dates closely.
Montana mechanics lien deadlines at a glance
On commercial projects and buildings of five or more family dwelling units, Montana recommends, but does not strictly require, a Notice of Right to Claim a Lien served within 20 days of first furnishing and filed with the County Clerk within 5 days of service. Skipping this step does not automatically bar a lien, but it removes a layer of protection that helps establish priority and notify the owner early.
A Montana construction lien must be recorded with the County Clerk and Recorder within 90 days after the claimant's last furnishing of labor or materials, under MCA § 71-3-524.
A foreclosure action on the lien must be commenced within 2 years after the lien is recorded.
On Montana public projects, first-tier claimants who furnish to the general contractor or a first-tier subcontractor must give a 90-day bond claim notice, generally measured from project completion, to preserve bond rights. More remote claimants are not strictly bound by the 90-day figure, since bond terms control for those tiers, though following the same timeline is the safer approach.
Primary statute
MCA § 71-3-524 · MCA §§ 18-2-201 to 18-2-206
Who can file a mechanics lien in Montana?
Montana construction liens are available to contractors, subcontractors, sub-subcontractors, material suppliers, and design professionals where the statute permits, for labor, materials, or services furnished to the improvement.
Overview of Montana lien practice
Montana gives claimants a relatively generous 2-year window to enforce a recorded lien, but the front end of the process still moves quickly, with recording due within 90 days of last furnishing. Commercial and larger residential projects come with a recommended, though not mandatory, Notice of Right to Claim a Lien that should be served within 20 days of first furnishing and then filed with the county within 5 days of service, giving claimants an early paper trail even though the notice is not a strict prerequisite to a valid lien. Because the recommended notice and the mandatory recording deadline both key off furnishing dates, keeping a clean log of first and last furnishing pays off throughout the project rather than only at filing time. Recording must occur with the correct County Clerk and Recorder and must correctly name the owner of record to be effective. Public project claimants face a bond claim notice generally tied to project completion, which is treated as required for first-tier claimants and more flexible, governed by the bond's own terms, for claimants further down the chain. As always, federal property in Montana falls outside these state lien and bond remedies.
Common pitfalls on Montana projects
Recommended notice is not truly optional in practice
Skipping the Notice of Right to Claim a Lien on commercial or larger residential projects removes an important protective step even though it is not strictly mandatory.
Bond notice tier distinctions matter
First-tier public project claimants must meet the 90-day bond notice requirement, while claimants further removed from the GC are governed more by the specific bond terms.
Completion date estimates carry risk
Where project completion is unknown, the 90-day public bond notice period is treated as an estimate, so claimants should confirm the actual completion date as early as possible.
Montana mechanics lien FAQs
When must a mechanics lien be recorded in Montana?
Within 90 days after the claimant's last furnishing of labor or materials, recorded with the County Clerk and Recorder under MCA § 71-3-524.
Is preliminary notice required in Montana?
It is recommended, not required: on commercial and larger residential projects, a Notice of Right to Claim a Lien should be served within 20 days of first furnishing and filed with the county within 5 days of service.
How long do I have to enforce a lien in Montana?
A foreclosure action must be commenced within 2 years after the lien is recorded.
What notice applies to Montana public projects?
First-tier claimants must give a 90-day bond claim notice, generally from project completion, while more remote claimants should follow the same timeline as bond terms control.
Filing a Montana mechanics lien or bond claim?
My Lien Lawyer coordinates mechanics lien filings, bond claims, and construction collections in Montana — directly or through our vetted local-counsel network. The first call is free.
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.