GC Laws — Montana contractor-law checklist preview (free)
Sources reviewed 2026-09-30. Public summaries remain free on gclaws.com.

[ ] Licensing
      - An individual or business may not engage in business as a construction contractor without the Department of Labor and Industry license. The application requires proof of workers’ compensation compliance and the specified identity/business information.
      - The construction-contractor definition covers the listed independent construction activities and certain owners employing multiple trades, subject to the exemptions.
      - Section 37-45-104 lists project/person exemptions, including the limited under-$2,500 undertaking rule and its anti-evasion qualification.

[ ] Mechanic's liens
      - When required, the right-to-lien notice ordinarily is due within 20 days after first furnishing; specified lender-funded non-owner-occupied work has a 45-day rule. Late notice limits covered earlier furnishing rather than automatically eliminating every lien.
      - File a copy of a required preliminary notice with the county clerk/recorder within five business days of giving it; an effective notice or continuation must remain of record when filing the lien.
      - Section 535 requires recording in the property’s county within its 90-day period keyed to final furnishing or the owner’s notice of completion, with certification that a lien copy was served on the record owner.
      - Commence an action under this part within two years after lien filing.

[ ] Retainage
      - The public retainage cap is 5% for a contractor performing under the contract; the section defines retainage as retained funds divided by the total amount payable.
      - The government’s retained percentage is the maximum percentage the contractor may retain from a subcontractor.

[ ] Prompt payment
      - Unless law or contract provides otherwise, the government entity decides final acceptance within ten days after the contractor’s request and makes final payment within 30 days after final acceptance.
      - Except as law or contract provides, late payment carries the interest rate in section 17-8-242 or 18-1-404 as applicable. Final acceptance follows the designated representative’s certification of completion under the contract.

[ ] Prevailing wage
      - Section 18-2-401 defines covered construction services, public bodies and the over-$25,000 contract threshold, with the stated exclusions.
      - The state part does not apply when federal law determines the prevailing rate. Where it applies, the rate includes fringes and follows the greater of applicable bargaining-agreement or survey rates.
      - Covered building construction uses district wage/fringe and travel provisions; heavy/highway construction uses statewide rates. Section 403(7) separately covers specified bond-financed projects over $25,000, with its bargaining-agreement exception.

[ ] Davis-Bacon (federal)
      - Under 40 U.S.C. section 3142, covered contracts require payment to laborers and mechanics employed directly on the site of the work at least weekly, at rates no lower than the applicable prevailing wage determination. The required compensation includes the basic hourly rate and required fringe benefits, which may be provided through qualifying benefits or cash as the statute permits.
      - Qualifying apprentices may receive a lower registered-program rate only when the applicable registration and program conditions are met. The Department of Labor’s apprenticeship rules govern those exceptions.
      - The Department of Labor determines the prevailing rates for the work classifications and locality. Contractors and subcontractors must use the wage determination applicable to their covered contract.
      - Federal assistance alone does not establish coverage: many, but not all, construction-assistance statutes include Davis-Bacon requirements. Identify the funding program and its governing Related Act.
      - SAM.gov publishes Davis-Bacon wage determinations. Search by the wage-determination number or the Davis-Bacon public-buildings-or-works category, and match the decision to the contract, locality, and work classification.

This preview lists the topics and rules covered in the full state pack. The paid pack adds the complete source URLs, citations, review dates, and the three editable tools.
GC Laws is owned and operated by GCExperts LLC, a Texas corporation.