Montana Notice of Right to Claim Lien – Form Download
Download your Notice of Right to Claim Lien – Form Download | Free Downloadable Template
Get help filing your Montana Preliminary Notice
Fill out the fields to download the free Montana Notice of Right to Claim Lien Form. This form may be used by any party on a private, residential construction project to provide preliminary notice in Montana.
Who should use the Notice of Right to Claim Lien form
The following parties are not required to provide preliminary notice in Montana:
- An original contractor who furnishes services or materials directly to the owner at the owner’s request
- Wage earners or laborers who performs personal labor services for a person furnishing any service or material pursuant to a real estate improvement contract
- A person who furnishes services or materials pursuant to a real estate improvement contract that relates to a dwelling for five or more families
- A person who furnishes services or materials pursuant to a real estate improvement contract that relates to an improvement that is partly or wholly commercial in character
Other parties – e.g. subcontractors and suppliers on private residential projects – must provide preliminary notice in order to retain their right to file a mechanics lien in Montana in the event of nonpayment.
How to use this form
After downloading the form, fill out the form fields completely and accurately. Once completed, the form must be sent to the property owner AND filed with the county clerk in the Montana county where the property is located. View contact information for all Montana county recorder offices.
Montana’s deadline to provide the Notice of Right to Claim Lien is generally 20 days from the date of first furnishing labor or materials. On some projects where a lender is involved, the deadline to deliver and file this notice is 45 days from first furnishing. It must be filed with the county recorder within 5 days after of delivery. You can provide preliminary notice late in Montana, but your lien claim rights will be limited.
This form was prepared by construction attorneys to meet the requirements found in Montana Code Annotated § 71-3-521 et. seq.
Rules and regulations for sending a Montana Preliminary Notice
On non-commercial projects, those who did not contract with the property owner must deliver and file a Notice of the Right to Claim a Lien to the property owner within 20 days of first furnishing labor and/or materials. If the notice is untimely, it is still effective for materials/labor furnished within 20 days of the notice, and thereafter. The notice must be delivered certified mail, or by in-hand delivery. It must also be filed with the County Clerk and Recorder. Although this deadline is mandatory only for non-commercial projects, it is urged to side on the error of caution as Montana has not clearly defined what is and what is not commercial.
After completing the Montana Notice of Right to Claim Lien – Form Download, 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 Preliminary Notice
What is the difference between a Preliminary Notice and Notice of Right to Claim Lien in Montana?
IS THERE A LETTER WE CAN SEND TO TITLE COMPANIES REGARDING NOTICE OF RIGHT TO LIEN
In Montana, if a Notice of Right to Lien has been filed, and the claimant has been paid in full for the labor and/or materials related to the project, then a release of the notice may be filed in the same clerk and recorder's office where the notice was filed.
This notice release is governed by Mont. Code §71-3-538, and should include the following information release should include the recording number of the notice, the date the notice was filed, and the name of the party who recorded the notice.
Late Preliminary Notice - What Happens?
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Other forms to use in Montana
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.
Beaverhead
Carbon
Cascade
121 4th St N, room 1b1
Great Falls, Montana, 59401
phone: (406) 454-6801
fax:
Custer
1010 Main St #17
Miles City, Montana, 59301
phone: (406) 874-3343
fax:
Daniels
213 Main St
Scobey, Montana, 59263
phone: (406) 487-5564
fax:
Fergus
Flathead
Golden Valley
107 Kemp St
Ryegate, Montana, 59074
phone: 406-568-2231
fax: 406-568-2428
Granite
Box 925
Philipsburg, Montana, 59858
phone: (406) 859-3771
fax:
Jefferson
102 S. Monroe Street
Boulder, Montana, 59632
phone: (406) 225-4020
fax:
Lewis and Clark
316 N Park Ave/Room #113
Helena, Montana, 59623
phone: 406) 447-8337
fax:
Liberty
Missoula
Musselshell
506 Main St
Round Up, Montana, 59072
phone: 406-323-1104
fax:
Park
414 E Callender St
Livingston, Montana, 59047
phone: (406) 222-4111
fax:
Powell
409 Missouri Ave., Suite 203
Deer Lodge, Montana, 59722
phone: (406) 846-9786
fax:
Ravalli
215 S. 4th Street, Suite C
Hamilton, Montana, 59840
phone: 406-375-6555
fax:
Sanders
1111 Main St.
Thompson Falls, Montana, 59873
phone: 4068276922
fax:
Sheridan
100 W Laurel Ave
Plentywood, Montana, 59254-169
phone: 406.765.3403
fax:
Silver Bow
Butte-Silver Bow Courthouse Room 208 155 W. Granite St.
Butte, Montana, 59701
phone: 406-497-6335
fax:
Stillwater
PO BOX 149, 400 3rd Ave N
Columbus, Montana, 59019
phone: (406)322-8000
fax:
Sweet Grass
115 W 5th AVE
Big Timber, Montana, 59011
phone: 406-932-5152
fax:
Teton
1 Main Ave South
Choteau, Montana, 59422
phone: 406-466-2693 paula is very nice and helpful
fax: