Montana Preliminary Notice FAQs

Last updated July 24, 2020
Sending a Montana preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in Montana.

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Montana preliminary notice requirements for:

Private projects

General contractors and all other parties who are contracted directly with the property owner are not required to send preliminary notice on private projects.

Public projects

General contractors are not required to send notice on public projects.

Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.

Private projects

Subcontractors and suppliers must send a notice of lien rights on private projects.

  • Notice must be sent within 20 days
  • Notice can be sent late
  • Notice is filed with county clerk and delivered to owner

Notice of Lien Rights must served on owner within 20 days of first delivering materials or labor and filed with recorder within 5 days of delivery to owner (unless one of the exceptions apply). If the project is not owner-occupied residential and is funded by a lender, the deadline is increased to 45 days.

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Public projects

2nd-tier subcontractors and suppliers must send preliminary notice on public projects.

  • Notice must be sent within 30 days
  • Notice cannot be sent late
  • Notice is sent to the GC

Notice is not specifically required from 1st-tier subs, but it might be best practice to provide anyway.

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