Montana Mechanic's Lien Template

Filing Deadline

Construction lien must be filed within 90 days after (a) the claimant's last day of furnishing labor or materials, or (b) the owner's filing of a Notice of Completion under MCA 71-3-533, whichever occurs first.

Clock starts: Last day labor/materials were furnished to the project (or the date a Notice of Completion is recorded, if earlier).

Where to Record

County Clerk and Recorder of the county where the improved real property is physically located. For Yellowstone County (largest county, Billings): Yellowstone County Clerk & Recorder, 316 North 26th Street, Room 3501, Billings, MT 59101, (406) 256-2785. Recording fee is approximately $8.00 per page (8.5x11 or 8.5x14); first page requires a 3-inch top margin, 1-inch margins on other sides. Filing accepted in person, by mail, or by overnight delivery; e-recording availability varies by county.

Notarization

Required — document must be sworn before a notary.

Montana county recorders require an original notarized acknowledgment on all recorded documents, including construction liens. The lien claimant (or authorized agent) must sign before a notary public.

Service Requirement

Before recording, the claimant must serve a copy of the lien on the contracting owner by certified mail (return receipt requested) OR by personal delivery. Per MCA 71-3-535, the lien filing must be accompanied by a certification (affidavit/proof of service) confirming this service was made — the county clerk will reject the lien for recording without it. After recording, no separate post-recording service is statutorily required, but best practice is to send a recorded copy to the owner and (if claimant is a sub) the general contractor.