Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of Montana.

COMMERCIAL:

• Upfront Notice:
  • Notice of Right to Claim a Lien:
    • This notice is optional for commercial projects.
    • BICA sends this notice in lieu of a Courtesy Notice.

• Follow-up Notice (if not paid): There is no statutory follow-up notice.

RESIDENTIAL:

• Upfront Notice:
  • Notice of Right to Claim a Lien:
    • Required to be sent within 20 days of first delivery.
      • 45 days if a Lender has provided the funds for the materials or services delivered.
    • This notice must be recorded with the County Recorder where job is located.
    • This notice lasts for 1 year from date of filing. A 1-year Continuation of Notice of Right to Claim a Lien can be filed with the County Recorder.

• Follow-up Notice:
  • Release of Notice of Right to Claim a Lien:
    • If you have been fully paid a Release must be filed within 5 days of the Owner’s request.
    • This notice must be recorded with the County Recorder where the job was located.
    • It must reference the Clerk & Recorder’s file number of the original Notice of Right to Claim a Lien.
    • This notice is available on the BICA member portal.

PUBLIC:

• Upfront Notice:
  • Notice of Right of Action:
    • Required to be sent to Contractor within 30 days of first delivery.

• Follow-up Notice (if not paid):
  • Notice of Claim:
    • Required to be sent within 90 days after completion of the project.
    • Determining the completion of a public project may be difficult. BICA recommends sending this notice within 90 days of your last delivery, if you have not yet been paid.
    • This notice is available on the BICA member portal.

Throughout our site you can find more resources on the process of filing mechanic’s liens and preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.