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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. 1. Notice of right (71-3-531)

    Within 20 days of first furnishing, for subcontractors and suppliers.

  2. 2. Lien filing (71-3-535)

    Within 90 days after final furnishing or the notice of completion.

  3. 3. Service

    Certified that a copy was served on the owner of record.

  4. 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).

Add a task in ClosingCode for lien waivers from recent contractors, with an owner and a due date before closing.

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Source: 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.