Mechanics Lien Deadlines in Montana
In Montana, a construction lien must be filed within 90 days after final furnishing (or after the owner files a notice of completion), most claimants other than original contractors must give a notice of right to claim a lien within 20 days, and suit must be commenced within 2 years after the lien is filed.
Last checked . General information, not legal advice.
Montana at a glance
- Deadline to record lien
- 90 days after final furnishing
- Or 90 days after the owner files a notice of completion.
- Preliminary notice required
- Yes in some cases (most non-original contractors)
- Due within 20 days after first furnishing (45 days on some lender-funded jobs); a late notice covers only the prior 20 or 45 days. Exempt: original contractors, laborers, 5+ family dwellings and commercial work.
- Deadline to enforce lien
- 2 years after filing the lien
The rules in Montana
How long does a contractor have to file a mechanics lien in Montana?
Deadline to record lien in Montana: 90 days after final furnishing. Or 90 days after the owner files a notice of completion.
Is a preliminary notice required before filing a mechanics lien in Montana?
Yes in some cases (most non-original contractors). Preliminary notice required in Montana: yes in some cases (most non-original contractors). Due within 20 days after first furnishing (45 days on some lender-funded jobs); a late notice covers only the prior 20 or 45 days. Exempt: original contractors, laborers, 5+ family dwellings and commercial work.
How long do you have to foreclose a mechanics lien in Montana?
Deadline to enforce lien in Montana: 2 years after filing the lien.
Where do the Montana mechanics lien deadlines come from?
The rules above come from Mont. Code 71-3-535, Mont. Code 71-3-531 and Mont. Code 71-3-562. Each source is linked on this page. We last checked them in October 2026.
What this means in practice
Deadlines often differ by role. The period for a general contractor who dealt directly with the owner can be different from the period for a subcontractor or supplier, and residential projects can have their own rules. Check which category fits before relying on a single number.
The event that starts the clock matters as much as the length of the period. Depending on the statute, it can be the last day labor or materials were furnished, completion of the project, or the recording of a notice of completion or commencement by the owner. Keeping dated records of the last work performed helps establish the start date.
Recording a lien is not the end of the process. If the debt is not paid, the claimant generally has to file a lawsuit to foreclose the lien within the enforcement period, or the lien expires. When the debt is paid, the owner will usually want a signed lien release recorded so the title is clear.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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