Montana law sets out the form for the filing of a Construction Lien. The Lien Notice form supplies all of the needed information to put all parties in interest on Notice of the lien claimant's lien. It must be filed within ninety (90) days of the final furnishing of services or materials or within ninety (90) days of the filing of a Notice of Completion.
Filing a lien in Montana for nonpayment is a legal action taken by contractors, suppliers, or other parties who have not been paid for services rendered or materials provided on a construction project. This process allows them to secure a claim against the property involved in the project as collateral for their unpaid debt. Filing a lien can be a complex procedure, so it is important to understand the specific laws and regulations related to this process in Montana. One type of lien that can be filed in Montana is a Mechanic's Lien. This type of lien is often utilized by contractors, subcontractors, suppliers, and laborers who have worked on a construction project but have not received payment for their services. Montana's mechanic's lien laws are outlined in the Montana Code Annotated (MCA) Title 71, Chapter 3, Part 5. To file a mechanic's lien in Montana, the claimant must meet certain requirements. First, they must provide a Preliminary Notice of Right to Claim Lien to the property owner and the prime contractor within 20 days of first providing services or materials. This notice informs the parties involved about the claimant's intention to file a lien. Once the preliminary notice has been submitted, the claimant has 90 days from the last work performed or materials supplied to file a formal Mechanic's Lien with the Clerk and Recorder's office in the county where the property is located. The lien must include detailed information about the claimant, the property owner, the prime contractor, the amount owed, the project description, and dates of service. Another type of lien that can be filed in Montana for nonpayment is a Construction Lien Law claim. This type of lien is governed by Montana's Construction Lien Law, which can be found in MCA Title 71, Chapter 3, Part 7. The Construction Lien Law allows any person who has furnished labor, materials, or equipment for a construction project to file a claim of lien against the property within 90 days of the completion of the work or the last delivery of materials. When filing a Construction Lien Law claim in Montana, the claimant must follow specific procedures outlined in the law. These include providing a Notice of Right to Claim Lien to the property owner and prime contractor within 20 days of beginning work or supplying materials and filing a lien within 90 days of project completion. The lien must contain details such as the claimant's name, the property description, the amount owed, and other relevant information. In conclusion, filing a lien in Montana for nonpayment involves the legal process of securing a claim against a property when payment for services rendered or materials provided on a construction project has not been received. The two primary types of liens used in Montana for nonpayment situations are Mechanic's Lien and Construction Lien Law claims. It is crucial for claimants to follow the specific procedures and timelines outlined in Montana's laws and consult with legal professionals for guidance throughout the process.
