Notice of Right to Claim a Construction Lien - Montana

NOTICE OF THE RIGHT TO CLAIM A LIEN

Mont. Code Ann. §§ 71-3-531 and 71-3-532

COMPLETION GATE

This is the streamlined owner-facing notice. Use the separate filing packet when a continuation, release, or complete deadline record is needed.

Notice is not required from the four classes in § 71-3-531(1): a qualifying original contractor, wage earner or laborer, claimant on a dwelling for five or more families, or claimant on a partly or wholly commercial improvement.

☐ Notice is required.

☐ Notice is not required because: [STATUTORY REASON]

☐ The ordinary 20-day period applies.

☐ Counsel confirms that every condition for the 45-day regulated-lender period in § 71-3-531(4) applies and the contract is not on an owner-occupied residence.

First furnishing date: [DATE]

Last timely notice date: [DATE]

Complete every bracketed field. Section 71-3-532 requires the remaining notice text below; do not paraphrase or delete it.

STATUTORY NOTICE

Date of mailing: [DATE]

Owner's name: [NAME]

Owner's address: [ADDRESS]

Name of person filing notice: [NAME]

Address of person filing notice: [ADDRESS]

Description sufficient to identify the real estate being improved: [STREET ADDRESS AND/OR LEGAL DESCRIPTION]

WARNING: READ THIS NOTICE. PROTECT YOURSELF FROM PAYING ANY CONTRACTOR OR SUPPLIER TWICE FOR THE SAME SERVICE. This is to inform you that [CLAIMANT] has begun to provide [DESCRIPTION OF SERVICES OR MATERIALS] (description of services or materials) ordered by [PERSON WHO ORDERED THEM] for improvements to property you own. The property is located at [PROPERTY LOCATION]. If [CLAIMANT] is not paid, a lien may be filed against the property. THIS IS NOT A LIEN. It is a notice sent to you for your protection in compliance with the construction lien laws of the state of Montana.

This notice has been sent to you by:

NAME: [CLAIMANT / AUTHORIZED SENDER]

ADDRESS: [ADDRESS]

TELEPHONE: [TELEPHONE]

Under Montana's laws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien.

If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, even if you have paid your contractor in full.

The law states that all people hired by a contractor to provide you with services or materials are required to give you a notice of the right to claim a lien to let you know what they have provided.

WAYS TO PROTECT YOURSELF ARE:

-- RECOGNIZE that this notice of delivery of services or materials may result in a lien against your property unless all those supplying a notice of the right to lien have been paid.

-- LEARN more about the construction lien laws and the meaning of this notice by contacting an attorney or the firm sending this notice.

-- WHEN PAYING your contractor for services or materials, you may make checks payable jointly to the contractor and the firm furnishing services or materials for which you have received a notice of the right to claim a lien.

-- OBTAIN EVIDENCE that all firms from whom you have received a notice of the right to claim a lien have been paid or have waived the right to claim a lien against your property.

-- CONSULT an attorney, a professional escrow company, or your mortgage lender.

SIGNATURE FOR COUNTY-FILED COPY

Signature: _______________________________ Date: [DATE]

Printed name and title: [NAME / TITLE]

DELIVERY AND COUNTY FILING

Give the notice to the contracting owner by one of the methods in § 71-3-531(5):

☐ Certified mail — effective on the mailing date.

☐ Personal delivery — contracting owner's written acknowledgment of receipt obtained.

Owner notice date: [DATE]

Certified-mail tracking or acknowledgment details: [DETAILS]

File a signed copy with the clerk and recorder of the county where the improved real estate is located no later than 5 business days after giving the owner notice. The recorded notice is effective for 1 year unless timely continued, and an unexpired notice or continuation must be on file when a required claimant files the lien.

County: [COUNTY]

Five-business-day filing deadline: [DATE]

Filing date and file number: [DETAILS]

SOURCES AND REFERENCES

• Mont. Code Ann. § 71-3-531
• Mont. Code Ann. § 71-3-532