Pre-lien Notice / Notice to Owner

NOTICE OF RIGHT TO CLAIM LIEN

(Montana Pre-Lien Notice / Notice to Owner)

I. DOCUMENT HEADER

1. Parties
   1.1 Claimant: [CLAIMANT LEGAL NAME], a [State of Formation] [corporation/LLC/partnership/individual]
   1.2 Owner: [OWNER LEGAL NAME]
   1.3 General/Prime Contractor (if any): [CONTRACTOR NAME]
   1.4 Property: [Street Address], [City], [County], Montana; legally described as:
   “[FULL LEGAL DESCRIPTION OR PLAT/METES-AND-BOUNDS].”

2. Effective Date
   This Notice is effective on the date of service stated in the Certificate of Service below (the “Effective Date”).

3. Governing Statute
   This Notice is issued pursuant to the Montana Construction Lien Act, Mont. Code Ann. Title 71, ch. 3, part 5 (the “Lien Act”).

4. Purpose and Consideration
   The Claimant is furnishing or has agreed to furnish labor, materials, equipment and/or professional services for improvement of the Property. The Claimant delivers this Notice to preserve its statutory right to claim a construction lien under the Lien Act.

II. DEFINITIONS

For ease of reference, capitalized terms have the following meanings:

“Claimant” – The person or entity identified in § 1.1 that furnishes Work to the Property.

“Effective Date” – The date on which this Notice is duly served in accordance with § VII.

“Lien Act” – The Montana Construction Lien statutes, Mont. Code Ann. Title 71, ch. 3, part 5, as amended.

“Owner” – The record owner or reputed owner identified in § 1.2.

“Property” – The real property and improvements described in § 1.4.

“Work” – All labor, materials, equipment, professional services and/or other items provided or to be provided by the Claimant for the improvement of the Property.

III. OPERATIVE PROVISIONS

1. Notice of Right to Claim Lien
   The Claimant hereby gives notice that it may claim a construction lien against the Property pursuant to the Lien Act for the value of the Work furnished, to secure payment of all amounts due and to become due.

2. Estimated Amount of Claim
   The reasonable value or estimated price of the Work furnished and/or to be furnished is $[AMOUNT] as of the Effective Date.
   

3. Party with Whom Claimant Contracted
   Claimant contracted directly with [NAME OF PARTY WITH WHOM CLAIMANT CONTRACTED] for the Work.

4. Commencement Date
   Claimant first furnished labor/materials on [FIRST DATE OF WORK].

5. Statement of Work
   A brief description of the Work is as follows: [e.g., “structural steel fabrication and installation,” “electrical materials supply,” “architectural design services”].

IV. REPRESENTATIONS & WARRANTIES

1. Authority
   Claimant represents that it is duly authorized to issue this Notice and to perform the Work.

2. Good-Faith Estimate
   The amount stated in § III.2 is a good-faith estimate based on information presently available and may be adjusted in good faith as the Work progresses.

3. Reserved Rights
   No statement herein shall be construed as a waiver, release, or limitation of any right or remedy available to the Claimant under the Lien Act or any applicable contract.

V. COVENANTS & RESTRICTIONS

1. Owner Information Updates
   Owner shall promptly notify Claimant of any change in ownership, legal description, or financing that may affect Claimant’s lien rights.

2. Payment Information
   Owner and/or Prime Contractor shall, upon written request, provide Claimant with a copy of any payment bond, lender information, or disbursement schedule relating to the Project.

VI. DEFAULT & REMEDIES

1. Failure to Pay
   If the Owner, Prime Contractor, or any person responsible for payment fails to pay amounts due, Claimant may (i) record a construction lien pursuant to the Lien Act, (ii) foreclose such lien, and/or (iii) pursue any other remedies available at law or in equity, including injunctive relief for lien enforcement as permitted by the metadata.

2. Attorneys’ Fees
   To the fullest extent permitted by the Lien Act, the prevailing party in any lien enforcement action shall be entitled to recover reasonable attorneys’ fees, court costs, and other litigation expenses.

VII. NOTICE TIMING & SERVICE METHODS

1. Statutory Timing
   This Notice must be served within twenty (20) days after the Claimant first furnishes Work to retain the right to claim a lien for all Work. If served later, lien rights relate only to Work performed during the 20 days immediately preceding service and thereafter.

2. Permitted Service Methods
   Consistent with Mont. Code Ann. Title 71, ch. 3, part 5, service shall be made by any of the following:
   a. Personal delivery to the Owner;
   b. Certified mail, return-receipt requested, addressed to the Owner at the Owner’s residence or place of business; or
   c. Any other method authorized by the Montana Rules of Civil Procedure for service of process.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Notice and any disputes relating to lien enforcement shall be governed by the laws of the State of Montana, without regard to its choice-of-law rules.

2. Forum Selection
   Any action to enforce or foreclose a construction lien shall be filed in a Montana state court of competent jurisdiction in the county where the Property is located.

3. Arbitration & Jury Trial
   Arbitration is not applicable under the metadata. No jury-trial waiver is provided herein.

IX. GENERAL PROVISIONS

1. Severability
   If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

2. Integration
   This Notice constitutes the entire notice required under the Lien Act and supersedes all prior oral or written notices concerning the same Work and Property.

3. Amendments
   Claimant may amend this Notice in writing to reflect revised contract sums, scope changes, or additional statutory requirements, provided that any amendment complies with the Lien Act’s timing and service provisions.

4. Electronic Signatures
   An electronic or facsimile signature on this Notice shall be deemed an original for all purposes permitted by Mont. Code Ann. § 30-18-102 et seq. (Uniform Electronic Transactions Act).

X. EXECUTION BLOCK

Executed this ___ day of __________, 20___.

CLAIMANT
[CLAIMANT LEGAL NAME]
By: _______________________________________
Name: [SIGNATORY NAME]
Title: [TITLE]

CERTIFICATE OF SERVICE

I, __________________________________ [Name], certify that on the ___ day of __________, 20___, I served the foregoing Notice of Right to Claim Lien on the Owner identified above by:
☐ Personal delivery
☐ Certified mail, return-receipt requested
☐ Other (specify) _________________________________________

Signature: __________________________________
Date: _______________________________________