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Montana Lien & Bond Claim Deadlines

What is your project type?
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What is your role on the project?
Preliminary Notice
N/A

Preliminary Notice

Montana general contractors are not required to send a preliminary notice to the owner on residential projects.

Lien
N/A

Notice of the Right to Claim a Lien

General Contractors who are directly contracted with the owner are not required to file a notice of right to Claim a Lien on Montana residential jobs.

Lien
90 Days

Construction Lien

General  contractors in Montana are required to file a lien within 90 days of last furnishing  labor or materials to residential jobs, or 90 days from the day owner has filed for a Notice of  Completion.

Preliminary Notice
N/A

Preliminary Notice

Sending  a preliminary notice in Montana is optional for subcontractors on residential jobs. However, to keep everyone on the  project informed, it is advised to send a notice.

Lien
20 days from first furnishing

Notice of the Right to Claim a Lien

Subcontractors are required to send a Notice of Right to Lien within 20 days of first  furnishing labor or materials to Montana residential projects. And filed with a recorder within 5 days of delivery to the owner. If the project is not owner occupied, the deadline extends to 45 days from 20 days.

Lien
90 Days from last furnishing

Construction Lien

Subcontractors are required to file a lien within 90 days of last furnishing  labor or materials or 90 days from the day owner has filed for a notice of completion for residential projects in Montana.

Preliminary Notice
N/A

Preliminary Notice

Sending  a preliminary notice in Montana is optional. However, to keep everyone on the  project informed, it is advised that suppliers send a notice for residential jobs.

Lien
20 days

Notice of the Right to Claim a Lien

Subcontractors  are required to send Notice of Right to Lien within 20 days of first  furnishing labor or materials to the Montana residential project. And filed with a recorder within 5 days of delivery to the owner. If the project is not owner occupied, the deadline extends to 45 days from 20 days.

Lien
90 days

Construction Lien

Montana suppliers are required to file a lien within 90 days of last furnishing labor or materials to the Montana residential job or 90 days from the day owner has filed for a notice of completion.

What is your role on the project?
Preliminary Notice
N/A

Preliminary Notice

General contractors who have a direct contract with the owner on commercial jobs are not required to send a Montana Preliminary Notice.

Lien
90 Days

Construction Lien

General contractors in Montana are required to file a lien within 90 days of last furnishing labor or materials to a commercial project, or 90 days from the day owner has filed for a notice of completion.

Preliminary Notice
N/A

Preliminary Notice

Sending a Preliminary Notice in Montana is optional. However, to keep everyone on the project informed, it is advised for subcontractors to send a notice for commercial jobs.

Lien
90 Days

Construction Lien

Subcontractors in Montana are required to file a lien on the commercial project within 90 days of last furnishing labor or materials or 90 days from the day owner has filed for a notice of completion.

Preliminary Notice
N/A

Preliminary Notice

Sending  a preliminary notice in Montana is optional for suppliers. However, to keep everyone on the  project informed, it is advised to send a notice on commercial projects.

Lien
90 Days

Construction Lien

Montana suppliers are required to file a lien within 90 days of last furnishing labor or materials to the commercial project or 90 days from the day owner has filed for a notice of completion.

What is your role on the project?

Preliminary Notice (Public work)

A Preliminary notice is not required in Montana because general contractors do not have the right to make a claim on bond.

N/A
Preliminary Notice

Claim on Bond

Non-payments are to be claimed against a general contractor's bond. General contractors can't claim against their own bond and do not have bond claim rights.

N/A
Claim on Bond
Preliminary Notice
30 Days

Preliminary Notice (Public work)

Second-tier subcontractors need to send preliminary notice to General Contractor, state/county entity and the surety (if known) with 30 days of first  furnishing labor or materials. Though 1st Tier Subcontractors are not required to send preliminary notice, it is a best practice to do so.

Claim on Bond
90 Days

Claim on Bond

In Montana, subcontractors need to file a bond claim within 90 days of last furnishing labor or materials to the Montana state job.

Claim on Bond
90 Days

Claim on Bond

In Montana, suppliers need to file a bond claim within 90 days of last furnishing labor or materials to state jobs.

What is your role on the project?

Preliminary Notice

Not applicable, a contractor cannot take action on their own bond.

N/A
Preliminary Notice

Claim on Bond

Not applicable, a contractor cannot take action on their own bond.

N/A
Claim on Bond
Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice for federal projects, it is best practice for subcontractors to do so. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Claim on Bond

Claim on bond must be filed within 90 days of last furnishing of labor or materials.

Claim on Bond
90 days from last furnishing

Miller Act Notice

A Miller Act Notice needs to be sent by subcontractors in 90 days from last furnishing of labor and/or materials to the federal project.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice, it is best practice to do so for federal projects. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Miller Act Notice

A Miller Act Notice is required to be sent by the supplier 90 days from last furnishing of labor and/or materials to the federal project.

Claim on Bond
90 days from last furnishing

Claim on Bond

Claim on  bond must be filed within 90 days of last furnishing of labor or materials.

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Montana Lien Law Articles

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