Montana mechanic's liens

Mechanic's Liens in Montana — Sources checked

Who and what this applies to

Construction liens under Montana Title 71, chapter 3, part 5.

Thresholds and scope

Preliminary-notice exceptions cover direct original contractors, wage earners/laborers, five-or-more-family dwellings and partly/wholly commercial work.

The rules

  • 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. Source
  • 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. Source
  • 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. Source
  • Commence an action under this part within two years after lien filing. Source

Primary sources

Sources reviewed 2026-09-30. This guide covers the projects and rules stated above.

Not legal advice. This is general legal information. Laws and project facts differ; confirm the applicable requirements for your project.

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