Montana has a two-part notice most contractors don't know about. Subs and suppliers on residential and smaller jobs have to send a Notice of Right to Claim a Lien within 20 days and then record it with the county within 5 business days. The lien can only be filed while that recorded notice is still active.
Quick answer: Non-exempt claimants send a Notice of Right to Claim a Lien within 20 days of first furnishing and record it within 5 business days. Everyone files the lien within 90 days of final furnishing (or of the owner's Notice of Completion), and forecloses within 2 years.
Montana lien deadlines at a glance
| Step | Who | Deadline |
|---|---|---|
| Notice of Right to Claim a Lien | Subs and suppliers (residential and non-commercial jobs) | 20 days after first furnishing (45 if lender-funded, not owner-occupied homes) |
| Record the notice | Same | 5 business days after sending; lasts 1 year unless continued |
| Construction lien | Everyone | 90 days after final furnishing or the owner's Notice of Completion |
| Foreclosure | Everyone | 2 years after filing |
Who can file a lien in Montana
Anyone who furnishes services or materials under a real estate improvement contract can lien to secure the contract price. That includes contractors, subs and suppliers.
Notices before the lien
The Notice of Right to Claim a Lien goes to the owner by certified mail or personal delivery within 20 days after you first furnish, or 45 days on lender-funded jobs (not owner-occupied homes). If it's late, the lien only covers work from 20 days before the notice. A copy must be recorded with the county clerk and recorder within 5 business days, and the recorded notice lasts 1 year unless continued.
Exempt: original contractors hired by the owner, wage laborers, and work on buildings of 5 or more units or on partly or wholly commercial improvements.
Filing the lien
File with the county clerk and recorder within 90 days after final furnishing, or within 90 days after the owner files a Notice of Completion. The lien must state that the notice of right to claim a lien was given or explain why it wasn't required.
Residential jobs
On residential jobs (and any non-commercial job under 5 units), every non-exempt claimant needs the recorded notice. A GC building a new home also needs a written contract with the disclosures Montana law requires.
After you file
Serve a copy of the lien on each owner of record, personally or by certified mail, and certify that service to the clerk. The clerk won't file the lien without that certification. Foreclosure must start within 2 years of filing.
Mistakes that cost Montana contractors their lien
- Sending the 20-day notice but not recording it within 5 business days, or letting the recorded notice lapse after a year.
- Sending the notice late and assuming the whole contract is covered.
- Filing without certifying service on every owner of record.
Missed the deadline or the lien didn't pay?
The debt doesn't go away when lien rights do. The party that hired you still owes you, and we can pursue it through construction collections on contingency, 10% to 33%, with no charge if we don't collect. Here's what you can still do.
Still in your window? We prepare, file and serve Montana liens, usually in about 2 business days. Start a lien →
Frequently asked questions
How long do I have to file a construction lien in Montana?
90 days after your final furnishing of services or materials, or 90 days after the owner files a Notice of Completion.
What is a Notice of Right to Claim a Lien?
A notice subs and suppliers send the owner within 20 days of first furnishing on residential and smaller jobs, and record with the county within 5 business days.
How long does a Montana lien last?
You must start foreclosure within 2 years of filing the lien.
This article is general information, not legal advice. LevelSet Collections is not a law firm. Deadlines are based on Montana Code Annotated Title 71, chapter 3, part 5 as of October 2026, and lien laws change. Confirm your dates for your specific job. Sources: MCA 71-3-531, MCA 71-3-535, MCA 71-3-562.
Owed money on a Montana job?
Liens from $199, filed in about 2 business days. Call (469) 694-8003.
