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Can we refile a mechanics lien if the lien is due to expire?

MontanaLien DeadlinesLien Foreclosure

The two years is almost up.

1 reply

Dec 2, 2020

Unfortunately not. Montana lien laws provide one of the longer enforcement deadlines compared to other states. Once the two years passes after the filing of the claim with no enforcement action initiated, the lien rights for that project expire. Which is why it's so important to keep an eye on all your lien deadlines. 

However, just because you no longer have lien rights doesn't mean you have no legal recourse. You can still file a lawsuit based on claims for breach of contract, unjust enrichment, and claims under the Montana Prompt Payment Act against your customer. 

You should consult with a local attorney to advise you on the specifics, we have a few Montana-based attorneys in our Levelset Community you may want to reach out to personally. Good luck!

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