Montana Lien Waiver Rules
- Rules At A Glance
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No Specific Form
Montana does not require any specific lien waiver form. Any form may be used.
Notarization Not Required
Montana does not require that a lien waiver be notarized, and a waiver gains nothing from notarization.
Cannot Waive Rights in Contract
Montana does not allow lien rights to be waived in the contract or at any other time prior to payment.
Cannot Waive Rights Before Payment
Montana specifically prohibits lien rights to be waived prior to payment.
Montana lien waivers are mostly unregulated. While the means that the language used on Montana lien waivers and the form that they take isn’t set forth by statute or specific case law, it doesn’t mean that anything goes.
In Montana, there aren’t specific laws that detail how lien waiver exchanges should occur. The state does not provide lien waiver templates in statute, or otherwise provide guidance regarding lien waiver language. This means that construction participants in Montana have the freedom to choose the exact format and language of lien waivers.
However, there are some limitations on how and when contractors, subcontractors, and suppliers can waive their lien rights in Montana. Since lien rights are a policy right of contractors and suppliers, states have protections in place to make sure those rights aren’t unfairly side-stepped. Montana specifically provides that the right to file a mechanics lien may not be waived prior to payment. So, while the form itself is kind of a black box, the time period in which a lien waiver may be requested and provided is strictly set out.
The resources, forms, guides, and frequently asked questions about Alaska Lien Waivers on this page will help you get it right.