Don’t let your construction liens get away from you. Learning the laws in place for filing liens in your state may not always be the easiest venture, but it is an integral one to protect the wellbeing of your business. We’re here to take away the complexity and confusion and give it to you straight. If you work in Montana and need to know the lien laws, this is the site for you. Here, we break down exactly what the state of Montana requires for you to properly file a valid construction lien or bond claim.
How to File a Valid Lien in Montana:
- You must send the Owner notice of your right to claim a lien within twenty (20) days of first work performed and/or materials supplied.
- You must file this notice of your right to claim a lien with the county recorder where the property is located within five (5) days of sending the notice to the Owner.
- You must file your lien within ninety (90) days of your last work and/or materials supplied.
- You must send the Owner a copy of the lien that you file.
- You must file suit to enforce your lien within two (2) years of the date that it was filed.
How to Have a Valid Bond Claim in Montana:
- For public projects of $50,000 and over, a payment bond is required.
- Within thirty (30) days of the time your first work was performed and/or materials supplied, you must send notice of your right to act on the bond to the Place 1* Contractor.
- You must file your claim on the bond within ninety (90) days of completion of the whole project.
- Generally, you have one (1) year after the project is complete to file suit on your bond claim, but that time may be shortened by the bond. Therefore, you need to read the bond to find out for sure.
If you work in Montana, you must put the above laws into practice to secure the payment you are owed. Liens are your golden ticket, so be sure to file them properly. If you want to get your hands on Montana’s construction lien forms, consider purchasing the required materials from us! If you’d rather someone else take care of filing your construction lien or bond claim for you, and do it the right way, contact a professional Montana lien attorney who is well versed in construction law. Our sister company, The Cromeens Law Firm, has a 90% success rate of collections before having to foreclose on a lien, saving you costly legal fees. Your liens and bonds are the keys to your success. File them the right way, the first time.
*The “places” referenced in the rules above correlate to the Construction Food Chain Chart from Karalynn Cromeens’ book,
Quit Getting Stiffed. The chart can be found here to use when following these lien and bond rules.