Montana · MCA 71-3-521 et seq.Montana construction lien deadlines: the 20-day notice, the 90-day filing and the two-year suit
In Montana, anyone other than an original contractor dealing directly with the owner, a wage earner, or a person working on a building of five or more units or a commercial project must give the contracting owner a notice of the right to claim a lien by certified mail or personal delivery within 20 days after first furnishing services or materials – or the lien covers only what was furnished in the 20 days before the notice – and file a copy with the county clerk and recorder within five business days (MCA 71-3-531). A lien doesn't attach and can't be enforced unless it's filed with the county clerk and recorder within 90 days after the claimant's final furnishing, or after the owner files a notice of completion, with a certification that a copy was served on the owner of record (71-3-535(1)–(2)). An action to enforce must be started within two years after the lien is filed (71-3-562).
The deadlines
1. Notice of right (71-3-531)
Within 20 days of first furnishing, for subcontractors and suppliers.
2. Lien filing (71-3-535)
Within 90 days after final furnishing or the notice of completion.
3. Service
Certified that a copy was served on the owner of record.
4. Suit (71-3-562)
Within two years after the lien is filed.
What the TC can do
- If the seller had work done within the filing window, ask for lien waivers from the contractor and subcontractors.
- Send any recorded lien to the title company before closing.
- Keep the waivers in the deal file.
Questions about mechanic's liens
How long does a Montana contractor have to file a construction lien?
90 days after its final furnishing of services or materials, or after the owner files a notice of completion (MCA 71-3-535(1)).
How long does a Montana construction lien last?
An action to enforce it must be started within two years after the lien is filed (MCA 71-3-562).
Related guides
Add a task in ClosingCode for lien waivers from recent contractors, with an owner and a due date before closing.
Start free trialSource: Montana Code Annotated 71-3-531, 71-3-535 and 71-3-562 (mca.legmt.gov, MCA 2025, read October 26, 2026).
General information, not legal advice. The title company decides how a lien affects the title policy. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.