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.
Title: Understanding the Process of Filing a Lien in Montana without a License Introduction: Filing a lien in Montana without a license is an important legal procedure for certain professionals and contractors who seek to protect their rights in a dispute over unpaid services. In this article, we will explore the process of filing a lien in Montana without a license, highlighting its significance, the requirements involved, and any associated implications. 1. Importance of Filing a Lien: — Protecting Unpaid Services: Filing a lien allows contractors, subcontractors, or suppliers to assert legal rights and claim unpaid dues for services rendered, materials supplied, or labor performed on a project. — Encouraging Payment: The act of filing a lien can serve as a strong incentive for property owners to resolve payment disputes quickly, as it creates a cloud on the title, affecting potential property transfers or refinancing. 2. Filing a Lien Process: — Preliminary Notice: If you are not licensed but wish to file a lien in Montana, it is vital to serve a preliminary notice within 20 days of first providing materials, labor, or services. This notice alerts the property owner of your right to lien their property in case of non-payment. — File Lien Statement: After delivering the preliminary notice, you must file a lien statement with the county clerk and recorder's office where the property is located. Provide accurate information about the project, parties involved, amount owed, and any additional required details. — Serve Lien Notice: Within five days of filing the lien statement, you must serve a copy of the notice to the property owner via certified mail or by hand delivering it. This step ensures the property owner is officially notified of the claim against their property. 3. Types of Liens: — Mechanics Lien: Contractors, subcontractors, and suppliers who provide construction or repair services can file a mechanics lien to secure payment for materials, labor, or services rendered. — Material Supplier Lien: Suppliers who provide materials but do not perform labor can file a material supplier lien to protect their right to payment. — Subcontractor Lien: Subcontractors working under a general contractor can also file a lien to secure payment for their portion of the project if they are unpaid. — Professional Services Lien: Professionals such as architects, engineers, and surveyors can file a lien for unpaid fees related to their expertise and services provided. Conclusion: Filing a lien in Montana without a license serves as an effective tool for professionals, contractors, and suppliers to protect their rights and pursue payment for services rendered. Adhering to the proper process, including serving preliminary notices, filing a lien statement, and notifying the property owner, is crucial for ensuring a successful lien filing. Understanding the types of liens available further enables individuals to choose the appropriate lien category based on their role in the project.
