Montana Lien Waivers Guide and FAQs

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Montana Lien Waiver FAQs

Montana Lien Waiver Overview

Montana Lien Waiver Rules


  • Rules At A Glance
  • Top Links
lien waivers not regulated
No Specific Form

Montana does not require any specific lien waiver form. Any form may be used.


lien waivers do not need to be notarized
Notarization Not Required

Montana does not require that a lien waiver be notarized, and a waiver gains nothing from notarization.


icon-can't waive lien rights
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.


icon-can't waive lien rights
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.

Montana Lien Waivers FAQs

It's common for lien waivers (also called lien releases) to be exchanged between parties along with pay applications and construction invoices in Montana. The process can be confusing. This is especially true for the lien waiver forms and language itself. In Montana, the form and language of lien waiver are mostly unregulated. This means that - unlike some other states - there are no specific set of laws regulating the lien waiver forms, language, and exchange procress. The parties exchanging the waiver have pretty much full control over what the wavier actually says. The time periods in which the waivers may be requested or provided, however, are subject to regulation. The below frequently asked questions will help with some common issues encountered in Montana.

Montana Lien Waiver FAQs

Does Montana require a specific statutory lien waiver form?

No, Montana does not provide or require statutory forms for waivers.

What are the requirements for an Montana lien waiver? What makes a lien waiver binding?

Montana does not have any specific statutory requirements.

Are Unconditional Lien Waivers Prohibited in Montana?

No, as long as it is after the receipt of actual payment.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Montana?

Yes, Montana code specifically prohibits the waiver of a right to file a mechanics lien or make a claim against a payment bond prior to receipt of actual payment.

Must Montana lien waivers be notarized?

No. Montana has no requirement that a lien waiver must be notarized.

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Free Montana Lien Waivers Forms & Templates

Montana does not have required lien waiver forms, but here are some lien waiver templates that can be used on MOntana projects stress free. These waiver templates were drafted by construction attorneys to be fair and clear.

The forms provided here for free by Levelset have no surprises and are fair to all parties. You can download them free, or use our free system to send or request your compliant Montana lien waiver form.

Free Montana Lien Waiver Forms

These Montana lien waiver forms are clear, fair, and drafted by construction attorneys. Make it easy, and use forms from the source you can trust.

Montana Final Conditional Lien Waiver Form - free from

Montana Final Conditional Lien Waiver Form

This mt final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Montana Final Unconditional Lien Waiver Form - free from

Montana Final Unconditional Lien Waiver Form

This mt final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Montana Partial Conditional Lien Waiver Form - free from

Montana Partial Conditional Lien Waiver Form

This mt partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Montana Partial Unconditional Lien Waiver Form - free from

Montana Partial Unconditional Lien Waiver Form

This mt partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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