Montana Mechanics Lien Guide
Everything you need to know about filing a mechanics lien in Montana — deadlines, requirements, costs, and a free document generator.
Understanding Montana Mechanics Lien Law
Montana mechanics lien rights are governed by Mont. Code §§ 71-3-521 to 71-3-563. To file a mechanics lien in Montana, you must record your claim with the County Clerk and Recorder in the county where the property is located. The estimated recording fee is $5-$15, though fees vary by county.
Some claimant types in Montana are required to send a preliminary notice before filing a lien. Check the requirements for your specific role below.
Montana Mechanics Lien Deadlines by Role
| Role | Preliminary Notice | Lien Filing Deadline |
|---|---|---|
| General Contractor | Not required | 90 days from last furnishing |
| Subcontractor | 20 days from first furnishing | 90 days from last furnishing |
Use our deadline calculator to find your exact filing dates based on your project timeline.
Requirements by Role
General Contractor
- Lien Deadline
- 90 days from last furnishing
- Preliminary Notice
- Not required
- Filing Office
- County Clerk and Recorder
- Estimated Recording Fee
- $5-$15
- Statute Reference
- Mont. Code §§ 71-3-521 to 71-3-563
Must file within 90 days of last furnishing (or 90 days from owner's Notice of Completion). Very low recording fees.
Subcontractor
- Lien Deadline
- 90 days from last furnishing
- Preliminary Notice
- Required — 20 days from first furnishing
- Filing Office
- County Clerk and Recorder
- Estimated Recording Fee
- $5-$15
- Statute Reference
- Mont. Code §§ 71-3-521 to 71-3-563, § 71-3-531
Residential (1-4 unit): must send preliminary notice within 20 days of first furnishing. Commercial: no prelim required. File within 90 days.
What You Need to File
Gather the following information before preparing your Montana mechanics lien document:
- ✓Your full legal name (or business name)
- ✓Property owner's name
- ✓Property address (legal description preferred)
- ✓Description of work performed or materials supplied
- ✓Total amount owed
- ✓Name of the party who hired you
How to File a Mechanics Lien in Montana
- 1
Send Your Preliminary Notice
Check whether your role requires a preliminary notice in Montana. If required, send it within the specified deadline to preserve your lien rights. Learn more in our preliminary notice guide.
- 2
Gather Your Documentation
Collect all required information including contract details, payment records, and property information. See the checklist above for the complete list.
- 3
Prepare Your Lien Document
Use our free Montana lien generator to create a state-compliant mechanics lien document with all required fields.
- 4
Record with the County Clerk and Recorder
File your completed lien document with the County Clerk and Recorder in the county where the property is located. Expect to pay approximately $5-$15 in recording fees.
- 5
Serve Notice on the Property Owner
After recording, serve a copy of the filed lien on the property owner as required by Montana law. Keep proof of service for your records.
Important Notes for Montana
Must file within 90 days of last furnishing (or 90 days from owner's Notice of Completion). Very low recording fees.
Residential (1-4 unit): must send preliminary notice within 20 days of first furnishing. Commercial: no prelim required. File within 90 days.
Frequently Asked Questions
How long do I have to file a mechanics lien in Montana?
Deadlines vary by role. General Contractors have 90 days from last furnishing. Subcontractors have 90 days from last furnishing. These deadlines are strictly enforced — missing them means losing your lien rights.
Do I need to send a preliminary notice in Montana?
General Contractors are not required to send a preliminary notice. Subcontractors must send a preliminary notice within 20 days of first furnishing. Even when not required, sending a preliminary notice is recommended as a best practice.
Where do I file a mechanics lien in Montana?
In Montana, mechanics liens are filed with the County Clerk and Recorder in the county where the property is located.
How much does it cost to file a mechanics lien in Montana?
The estimated recording fee in Montana is $5-$15. Fees vary by county and may change. Contact your local County Clerk and Recorder for current rates.
What information do I need to file a mechanics lien in Montana?
You will need: Your full legal name (or business name), Property owner's name, Property address (legal description preferred), Description of work performed or materials supplied, Total amount owed, Name of the party who hired you. Subcontractors and suppliers may also need the name of the party who hired them.
Related Resources
What Is a Mechanics Lien?
A comprehensive overview of mechanics liens and how they protect your right to payment.
How to File a Mechanics Lien
Step-by-step guide to preparing and filing your mechanics lien document.
Preliminary Notice Requirements
Learn when and how to send a preliminary notice to protect your lien rights.
Deadline Calculator
Calculate your exact filing deadlines based on your project dates and role.
Ready to File Your Montana Mechanics Lien?
Our guided form will walk you through the state-specific requirements and generate your document.
Generate Your Montana Lien DocumentDisclaimer: This guide provides general information about Montana mechanics lien law and is not legal advice. Laws change frequently and may vary based on project type, contract terms, and local requirements. Always consult with a licensed attorney for advice specific to your situation.