Notice of Right to Claim Lien

MONTANA NOTICE OF RIGHT TO CLAIM LIEN

Preliminary Notice to Preserve Construction Lien Rights

Pursuant to Montana Code Annotated §§ 71-3-531, 71-3-532

IMPORTANT NOTICE

THIS IS NOT A LIEN. This is a Notice of Right to Claim Lien required by Montana law to preserve the right to file a construction lien.

IMPORTANT REQUIREMENTS:

1. Notice must be sent to the contracting owner within 20 days of first furnishing (or 45 days for lender projects)
2. Notice must be filed with the County Clerk and Recorder within 5 business days of service
3. Notice is effective for 1 year unless extended by Continuation Statement

NOTICE DATE AND TIMING

Date of This Notice: _________________________________

Date Claimant First Furnished Materials/Services: _________________________________

Project Type:
☐ Standard Residential - 20-day deadline
☐ Lender-Financed (Non-Owner-Occupied) - 45-day deadline

Calculated Deadline: _________________________________

SECTION 1: CONTRACTING OWNER INFORMATION

Owner Name: _________________________________

Owner Address:
_________________________________
_________________________________
City: _________________ State: MT ZIP: _________

SECTION 2: PROPERTY INFORMATION

Property Street Address:
_________________________________
_________________________________
City: _________________ County: _________________ ZIP: _________

Legal Description:
_________________________________
_________________________________
_________________________________

SECTION 3: ORIGINAL CONTRACTOR INFORMATION

Original Contractor Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

SECTION 4: CLAIMANT INFORMATION

Claimant Name: _________________________________

Company Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

Phone: _________________________ Email: _________________________

Montana Contractor License No. (if applicable): _________________________________

Claimant Classification:
☐ Subcontractor
☐ Sub-subcontractor
☐ Material Supplier
☐ Equipment Rental Company
☐ Design Professional
☐ Other: _________________________________

SECTION 5: CONTRACTING PARTY

Name of Person with Whom Claimant Contracted:
_________________________________

Address:
_________________________________
_________________________________

SECTION 6: WORK/MATERIALS DESCRIPTION

General Description of Services or Materials Furnished or to be Furnished:

_________________________________
_________________________________
_________________________________
_________________________________

Date of First Furnishing: _________________________________

SECTION 7: STATUTORY NOTICE CONTENT (MCA § 71-3-532)

NOTICE OF RIGHT TO CLAIM LIEN

TO: _________________________________ (Contracting Owner)

PROPERTY ADDRESS: _________________________________

NOTICE IS HEREBY GIVEN pursuant to Montana Code Annotated § 71-3-531 that the undersigned may have a lien against the above-described property if payment is not made for services or materials furnished.

CLAIMANT:
Name: _________________________________
Address: _________________________________
_________________________________
Phone: _________________________________

SERVICES OR MATERIALS:
_________________________________
_________________________________

PARTY WITH WHOM CONTRACTED:
_________________________________

IMPORTANT INFORMATION

Under Montana law, any person who provides services or materials for the improvement of real property and who is not paid may have a right to claim a lien against the property.

The filing of this notice does NOT mean that the owner has done anything wrong or that payment is not being made. This notice is sent to protect the rights of the person providing the services or materials.

SECTION 8: WHO MUST GIVE THIS NOTICE

Under MCA § 71-3-531, the following must give Notice of Right to Claim Lien:

☐ Subcontractors
☐ Sub-subcontractors
☐ Material suppliers
☐ Equipment lessors
☐ Any person furnishing services or materials under a real estate improvement contract (with exceptions)

The following are EXEMPT from notice requirements (MCA § 71-3-531(3)):

☐ Original contractor - Furnishes directly to owner at owner's request
☐ Wage earner/laborer - Performs personal labor services
☐ Multi-family projects (5+ families) - Dwelling for 5 or more families
☐ Commercial projects - Partly or wholly commercial in character

SECTION 9: CLAIMANT'S SIGNATURE

I, the undersigned, declare under penalty of perjury under the laws of the State of Montana that the foregoing information is true and correct.

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

Title: _________________________________

SECTION 10: PROOF OF SERVICE

Service Requirements (MCA § 71-3-531(4))

Notice must be sent to the contracting owner by:
☐ Certified mail - Effective on date of mailing
☐ Personal delivery - Must obtain written acknowledgment of receipt

Service on Owner

Method of Service:
☐ Certified mail (effective on date mailed)
☐ Personal delivery with written acknowledgment

Date Mailed/Delivered: _________________________________
Certified Mail No. (if applicable): _________________________________

If personal delivery, Acknowledgment Obtained: ☐ Yes ☐ N/A

Certificate of Service

I certify that I served this Notice of Right to Claim Lien on the contracting owner by the method indicated above.

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

SECTION 11: COUNTY RECORDING

Filing with County Clerk and Recorder (MCA § 71-3-531(5))

REQUIRED: A copy of this notice must be filed with the Clerk and Recorder within 5 business days of service on the contracting owner.

County: _________________________________

Date Filed: _________________________________

Recording Information:
Book: _________ Page/Document No.: _________

Filing Fee Paid: $__________________

MONTANA NOTICE OF RIGHT TO CLAIM LIEN - LEGAL REQUIREMENTS SUMMARY

DEADLINE TO SEND NOTICE

Standard Projects:

• 20 days after first furnishing materials or services

Lender-Financed Projects (Non-Owner-Occupied):

• 45 days from first furnishing where payments are made by a lender with security interest

DELIVERY METHODS (MCA § 71-3-531(4))

1. Certified mail - Effective on the date of mailing
2. Personal delivery - Must obtain written acknowledgment from owner

COUNTY RECORDING REQUIREMENT (MCA § 71-3-531(5))

• Must file copy with County Clerk and Recorder within 5 business days of serving owner
• Notice must be signed by claimant or authorized representative

NOTICE DURATION

• Notice is effective for 1 year from filing date
• May be extended by filing a Continuation Statement for additional 1 year

CONSEQUENCES OF LATE OR NO NOTICE

If notice is NOT given within deadline:

• Construction lien is enforceable ONLY for services or materials furnished within 20 days prior to the date notice was given
• Work performed before that 20-day window is NOT protected

WHO IS EXEMPT FROM NOTICE

Per MCA § 71-3-531(3), notice is NOT required by:

• Original contractors (direct contract with owner)
• Wage earners/laborers performing personal labor
• Persons on multi-family projects (5+ family dwellings)
• Persons on commercial projects

SUBCONTRACTOR'S RIGHT TO INFORMATION

Under MCA § 71-3-531(6), upon request, the original contractor must provide within 5 business days:

• Street address or legal description of property
• Name and address of contracting owner

ADDITIONAL IMPORTANT DEADLINES

STRICT CONSTRUCTION

Montana courts have held that procedural requirements of construction lien statutes must be strictly construed. Failure to comply with notice and filing requirements can result in loss of lien rights.

IMPORTANT DISCLAIMERS

This form is provided for informational purposes only and does not constitute legal advice. Montana construction lien law requires strict compliance with notice and recording requirements.

CONSULT AN ATTORNEY: Before relying on this form, consult with a Montana-licensed attorney familiar with construction lien law.

FILE WITH COUNTY: Remember to file a copy with the Clerk and Recorder within 5 business days of service.

MAINTAIN VALID NOTICE: Keep track of the 1-year expiration and file a Continuation Statement if needed.

Montana Notice of Right to Claim Lien Template - Version 2026.01
Based on MCA §§ 71-3-531, 71-3-532