Construction Lien Claim

CONSTRUCTION LIEN CLAIM

(State of Montana)
Pursuant to MCA § 71-3-535 and § 71-3-536

RECORDING INFORMATION

Recording Requested By:

Name: [________________________________]

Address: [________________________________]

When Recorded, Return To:

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

I. CLAIMANT INFORMATION

II. PROPERTY OWNER INFORMATION

III. HIRING PARTY INFORMATION (If Different from Owner)

IV. GENERAL CONTRACTOR INFORMATION

V. PROPERTY DESCRIPTION

Street Address of Improved Property: [________________________________]

City: [________________________________] County: [________________________________], Montana

Legal Description:

[________________________________]
[________________________________]
[________________________________]

(Attach as Exhibit A if the legal description is lengthy. The legal description must be sufficient to identify the property per MCA § 71-3-536.)

Assessor's Parcel Number (APN): [________________________________]

VI. CLAIM OF CONSTRUCTION LIEN

The undersigned Claimant hereby claims a construction lien pursuant to MCA § 71-3-522 et seq. against the above-described real property and improvements thereon, and states as follows:

A. Contractual Basis for Lien

☐ Direct contract with the property Owner
☐ Contract with the General Contractor: [________________________________]
☐ Contract with Subcontractor: [________________________________]
☐ Other contractual relationship: [________________________________]

B. Nature of Labor, Services, Equipment, or Materials Furnished

The Claimant furnished the following labor, services, equipment, and/or materials for the improvement of the above-described property:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

(Provide a general description sufficient to identify the nature of the contribution. Per MCA § 71-3-536(1)(d), a "general description" is required.)

C. Dates of Furnishing

D. Amount of Lien Claimed

The amount claimed is a just and true account of the demand due to Claimant after deducting all just credits and offsets, pursuant to MCA § 71-3-524.

VII. PRE-LIEN NOTICE COMPLIANCE

Montana requires a Notice of Right to Claim Lien under MCA § 71-3-531 for most lien claimants. Failure to provide this notice bars the lien unless an exception applies.

A. Notice of Right to Claim Lien (MCA § 71-3-531)

☐ Notice of Right to Claim Lien was served on the contracting owner
☐ Notice was not required (Claimant is exempt — see exceptions below)

Date Notice Given to Owner: [__/__/____]

Date Notice Filed with Clerk and Recorder: [__/__/____]

Method of Service on Owner:
☐ Certified mail, return receipt requested
☐ Personal delivery

Filing Number / Document Number: [________________________________]

B. Exceptions to Notice Requirement (MCA § 71-3-531(4))

The following persons are NOT required to give the Notice of Right to Claim Lien:

☐ A person who has a direct contractual relationship with the contracting owner
☐ A laborer (as defined in MCA § 71-3-521(5))
☐ A person furnishing services or materials at the request of the contracting owner

C. Notice Timing Requirements

Under MCA § 71-3-531:

• The Notice of Right to Claim Lien must be given within 20 days after the date the person first began furnishing services or materials.
• A copy must be filed with the Clerk and Recorder within 5 business days after the notice is given to the contracting owner.
• The filed notice is effective for one (1) year from the date of filing (renewable by filing a one-year continuation before lapse).

VIII. NOTICE OF COMPLETION (IF APPLICABLE)

☐ A Notice of Completion has been filed by the Owner pursuant to MCA § 71-3-533
☐ No Notice of Completion has been filed

Date of Notice of Completion (if filed): [__/__/____]

Recording Information: Document No. [________________________________], filed with the [________________________________] County Clerk and Recorder.

IMPORTANT: If a Notice of Completion has been filed, the lien must be filed no later than 90 days after the Notice of Completion or 90 days after the claimant's last furnishing, whichever is applicable per MCA § 71-3-535.

IX. FILING DEADLINE COMPLIANCE

Under MCA § 71-3-535, a construction lien does not attach and may not be enforced unless filed not later than 90 days after:

☐ (a) The claimant's final furnishing of services or materials; OR
☐ (b) The owner's filing of a Notice of Completion pursuant to MCA § 71-3-533

Date of Last Furnishing: [__/__/____]

Date of Notice of Completion (if applicable): [__/__/____]

Calculated Filing Deadline: [__/__/____]

Date This Lien is Being Filed: [__/__/____]

X. VERIFICATION

Claimant's Sworn Statement

I, [________________________________], being the ☐ Claimant ☐ Authorized Officer ☐ Authorized Agent of the Claimant, do hereby state under oath and penalty of perjury under the laws of the State of Montana that:

1. I have personal knowledge of the facts stated in this Construction Lien Claim;
2. The labor, services, equipment, and/or materials described herein were actually furnished for the improvement of the above-described real property;
3. The amount claimed herein is justly due and owing after deducting all just credits and offsets;
4. All pre-lien notice requirements under MCA § 71-3-531 have been satisfied or are inapplicable; and
5. This lien claim is filed within the time required by MCA § 71-3-535.

Signature: ________________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

XI. NOTARY ACKNOWLEDGMENT

STATE OF MONTANA
County of [________________________________]

On this [____] day of [________________________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that ☐ he ☐ she ☐ they executed the same in ☐ his ☐ her ☐ their authorized capacity, and that by ☐ his ☐ her ☐ their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

(SEAL)

XII. CERTIFICATE OF SERVICE ON OWNER

Pursuant to MCA § 71-3-535, the Claimant certifies that a copy of this Construction Lien Claim has been served upon each owner of record of the subject property:

Method of Service:
☐ Certified mail, return receipt requested
☐ Personal delivery

Date of Service: [__/__/____]

Name of Owner Served: [________________________________]

Address Served: [________________________________]

Tracking/Receipt Number (if mailed): [________________________________]

XIII. FILING INSTRUCTIONS AND KEY DEADLINES

A. Where to File

File this Construction Lien Claim with the Clerk and Recorder of the county where the improved real property is located.

B. Critical Deadlines Summary

C. Required Content (MCA § 71-3-536)

The lien filing must contain:
☐ Name and address of claimant
☐ Name of contracting owner
☐ Name of person with whom claimant contracted
☐ General description of the services or materials furnished
☐ Description of real property sufficient for identification
☐ Amount of lien claimed
☐ Certification that a copy was served on each owner of record

D. Recording Fees

Contact the [________________________________] County Clerk and Recorder for current recording fees.

XIV. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Under MCA § 71-3-538, within 15 days after receiving full payment including interest and costs, the claimant must file a release of lien with the Clerk and Recorder and deliver a copy to the owner.

B. Bonding Off the Lien

Under MCA § 71-3-540, the owner or other interested party may file a surety bond to release the lien from the property. The bond must be:

• In an amount equal to 150% of the lien claim amount (or as set by the court)
• Issued by a surety authorized to do business in Montana
• Filed with the Clerk and Recorder of the county where the lien is recorded

C. Petition to Reduce Lien Amount

Under MCA § 71-3-539, the owner may petition the district court to reduce the amount of the lien if the claimed amount is excessive.

XV. ENFORCEMENT

A. Enforcement Deadline

All actions to enforce a construction lien must be commenced within two (2) years from the date the lien was filed, per MCA § 71-3-541. Failure to commence an action within this period extinguishes the lien.

B. Court of Jurisdiction

Enforcement actions are filed in the Montana District Court for the county in which the property is situated.

C. Priority of Lien

Under MCA § 71-3-537, construction liens generally relate back to and take effect from the date on which the first labor, services, or materials were furnished to the improvement, subject to recorded interests existing at that time.

XVI. PRACTICE NOTES

1. Strict Compliance Required. Montana courts require strict compliance with all notice and filing requirements. Any deficiency may invalidate the lien.

2. Multiple Claimants. If multiple parties have lien rights on the same property, each must file a separate lien claim.

3. Owner-Occupied Residential Property. Special notice obligations may apply. Review MCA § 71-3-531 carefully.

4. Filing Fees. Contact the county Clerk and Recorder for current filing fees; fees vary by county.

5. Partial Waivers. Conditional and unconditional lien waivers affect lien rights. Do not sign a waiver without understanding its effect.

6. Notice of Completion. If the owner files a Notice of Completion under MCA § 71-3-533, this can accelerate the lien filing deadline.

SOURCES AND REFERENCES

• Montana Code Annotated, Title 71, Chapter 3, Part 5 — Construction Liens: https://archive.legmt.gov/bills/mca/title_0710/chapter_0030/part_0050/sections_index.html
• MCA § 71-3-531 — Notice of Right to Claim Lien: https://archive.legmt.gov/bills/mca/title_0710/chapter_0030/part_0050/section_0310/0710-0030-0050-0310.html
• MCA § 71-3-535 — Attachment of Lien; Filing: https://archive.legmt.gov/bills/mca/title_0710/chapter_0030/part_0050/section_0350/0710-0030-0050-0350.html
• Montana Mechanics Lien Guide (Levelset): https://www.levelset.com/mechanics-lien/montana-lien-law-faqs/

This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Montana should review and customize this document before use. Filing deadlines are strictly enforced; missing a deadline may result in permanent loss of lien rights.