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Can I file a prelimary lien on the city of Billings, MT

I have a $40,000 job a contractor has hired us as a sub-contractor. The end user is the City of Billings, and I'm wondering if I'm allowed to file pre-lien on a city property?

1 reply

Feb 18, 2020

Generally, mechanics liens (and the notices related to mechanics liens) are applicable to private projects since the lien would encumber the improved property itself. Public property is not subject to being encumbered by a mechanics lien, so instead of a lien, the protection provide against nonpayment is generally in the form of a payment bond obtained by the GC pursuant to the state's Little Miller Act. However, preliminary notice or "pre-lien" requirements can apply to making a bond claim, as well. In Montana, all parties supplying materials or supplies to any subcontractor (or anybody other than the pubic entity or GC) must deliver preliminary notice to the general contractor to preserve rights to make a bond claim upon non-payment. This notice must be delivered within 30 days of first delivery of materials or supplies to the project. You can send a public preliminary notice electronically simply and easily, here.

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