Montana Mechanics Lien Form

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Get help filing your Montana Mechanics Lien

In Montana, mechanics liens may be claimed by parties who provide labor and/or materials pursuant to a real estate improvement contract (note that the contract may be either express or implied). Montana considers the following work sufficient basis to give rise to a mechanics lien: excavation or fill work, construction or installation on, above, or below the surface of land, demolition, repair, remodeling, or removal of structure, landscape operations, surface or subsurface testing, preparation of plans or surveys or drawings for any change in the physical condition of real estate whether or not the change in the real estate is undertaken.

Fill out the form above to download your Montana Mechanics Lien Form.

Rules and regulations for sending a Montana Mechanics Lien

Deadline for Property Owner / Public Entity to send the Montana Mechanics Lien

90 days after

Last Furnishing Date

Claimants must file their mechanic liens within 90 days from last furnishing labor and/or materials to a construction project. This deadline marks the end of this 90 day period. The work / materials provided must be viewed as enhancing the value of the construction project to qualify as the last day of work, and is determined on a case-by-case basis by courts.

Who should you send this notice to?

Mail to the Property Owner / Public Entity with Affidavit of Service

After completing the Montana Mechanics Lien Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.

Others are asking about Montana Mechanics Lien

Can we put a mechanics lein on property?

Here is Levelset's Montana lien law FAQ page, there is a section on what kind of work incurs lien rights: https://www.levelset.com/mechanics-lien/montana-lien-law-faqs/

Answered by Julie Gelderblom | Levelset Admin

What type of lien waiver is used in a situation where sub has recieved final payment but still owes labor.

Thank you for reaching out to the Levelset legal community. If you are in need of specific advice for a current legal situation, you may want to consider reaching out to a licensed attorney in your state directly at their office. This forum is public, so it may not be the right place to discuss a sensitive legal issue. Levelset provides a list of attorneys in each state here: https://www.levelset.com/payment-help/experts/experts-by-state/ . From that directory you may find a law firm in your area to call privately.

Answered by Julie Gelderblom | Levelset Admin

Non payment

As you've noted in your question, the deadline to file a mechanics lien in Montana is 90 days after the last date you furnished labor or materials to the project, or, if a Notice of Completion was filed, then 90 days from that date. In any case, if this 90-day deadline has passed, a mechanics lien will no longer be an option. There are other legal avenues you can take to recover payment from your customer. Most notably a lawsuit for breach of contract and unjust enrichment. Also, if the amount in dispute is less than $7K, you may be able to bring these actions in MT small claims court. For a closer look at these options and more see:

Answered by Alex Benarroche | Levelset Admin

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Other forms to use in Montana

Montana Final Conditional Lien Waiver Form

Montana Final Unconditional Lien Waiver Form

Montana Mechanics Lien Form

Montana Notice of Completion Form

Montana Notice of Intent to Lien Form

Montana Notice of Right to Claim Lien – Form Download

Montana Partial Conditional Lien Waiver Form

Montana Partial Unconditional Lien Waiver Form

Montana County Recorders

Looking to file/record a mechanics lien in Montana? You'll need to get your Montana mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Montana. Click on any county to find more information about how to get your lien recorded in that county.