Filing deadline

Construction Lien filed with the county clerk and recorder within 90 days after the claimant's final furnishing OR after the owner files (and publishes 3 weeks) a Notice of Completion, whichever applies; completion can be triggered by owner acceptance or a 30-day labor cessation. Filing too early is also fatal - a lien filed before the claimant has substantially furnished its services/materials is ineffective unless another's fault prevented completion. Contents: parties, property description, description of services/materials, unpaid amount (or good-faith estimate so designated), first and last furnishing dates, and a declaration about the pre-lien notice.

Notice prerequisites

Most claimants must give the contracting owner a written Notice of the Right to Claim a Lien within 20 days of first furnishing - stretched to 45 days when the job is financed by a regulated construction lender (never for owner-occupied residences) - by certified mail or personal delivery with written receipt, AND file a copy with the county clerk and recorder within 5 business days of giving it. The filed notice lapses after one year unless a Continuation is filed. Exempt: those dealing directly with the owner, wage laborers, and projects for 5+ family dwellings or wholly/partly commercial improvements. Late notice only shrinks the lien to work done in the 20/45 days before notice - it does not void it.

Service on the owner

A copy of the lien must be served on every owner of record, personally or by certified/registered mail RRR to the last known address, and the claimant must attach to the filed lien a certification of that service - so proof of service accompanies the filing itself.

Enforcement

Foreclosure action within 2 years of the lien filing date (generous by national standards); owner and usually the principal contractor are necessary parties. Prevailing claimant recovers filing fees and reasonable attorney fees; a prevailing owner recovers its fees. Bond claims carry the same limitations period. No lis pendens requirement is described.

Mont. Code Ann. sections 71-3-521 to 71-3-563 (esp. 71-3-522, 71-3-524 to 526, 71-3-531 to 535, 71-3-541, 71-3-542, 71-3-551 to 553, 71-3-561, 71-3-562); public bond: 18-2-201