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Montana Mechanics Lien Frequently Asked QuestionsMontana Lien Documents are Easy to File with LienItNow.com  What is a Montana Construction Lien Claim?In Montana, liens filed on private
property or on funds
relating to a public
project are known as
Montana Construction Liens
or mechanics liens. When
a Montana mechanics lien is filed with
regard to work performed
on privately owned
property, it attaches to
and encumbers the fee
simple ownership of
property. When a Montana
mechanics lien is
filed with regard to
work performed on a
publicly or government
owned property, it
attaches to the fund of
money which the public
agency has allocated for
a project. The reason
for this is that you
cannot force the sale of
publicly owned land
(public agencies mean
any county, city, town,
township, public
commission, public board
or other municipality
authorized by law to
make contracts for the
making of any public
improvement in any city,
town, township or other
municipality). Who can file a Montana mechanics' lien Claim?Contractors, as well as
subcontractors,
sub-subcontractors and
suppliers who have a
contract with a general
contractor or a
subcontractor can file a
Montana mechanics lien. Are pre-lien notices for a Montana mechanics' lien Claim required?Pre-lien notices are not
required for contractors
who have direct
contracts with the
owner, wage earners, on
projects relating to
dwellings of 5 or more
families or on
commercial projects.
For residential
projects, subcontractors
and suppliers must give
notice no later than 20
days after the date on
which services or
materials are first
furnished. That period
is extended to 45 days
on residential projects
where funding is
provided by a bank and
secured by a lien,
mortgage or encumbrance,
unless it is
owner-occupied. Can you file a Montana mechanics' lien Claim without a pre-notice?Contractors can file
without a pre-lien notice,
but subcontractors,
sub-subcontractors and
suppliers must file a
pre-notice prior to
filing a Montana
mechanics lien or the
lien extends back only
to the preceding 20
days. When should a Montana mechanics' lien Claim be filed?Montana mechanics' liens on
private property must be
filed within 90
days of the last
date the lienor provided
materials or services to
the Project or from the
filing of a notice of
completion. How much does it cost to file a Montana mechanics' lien Claim?LienItNow.com prepares, files and
serves Montana
mechanics' liens (which
includes a written
notice of intent to
claim a lien, if
necessary, as well as a
verified statement of
lien) for a fee of
$250.00. Pre-notices
are not included in the
$250.00 price, but can
be filed for a fee of
$50.00. Do I need a written contract in order to file a Montana mechanics lien claim?No. Oral contracts are
sufficient if you have
sufficient documentation
to show the existence of
an agreement or that you
performed the work for
which you are attempting
to file a Montana
mechanics lien. How does filing a Montana mechanics' lien Claim help me get my money?On a private project,
the Montana construction lien
places an encumbrance on
the property that makes
it difficult to resell
or re-finance the
property without first
removing the Montana
mechanics lien. On a
public project, the
filing of a Montana
mechanics lien freezes
the fund of money that
has been allocated for
the public project, thus
reducing or sometimes
even stopping the flow
of payments to the
offending contractor
until the lienor is
paid. What is a Montana Stop Notice and why should it be filed
LienItNow.com prepares and serves
Montana Stop
Notices for a fee of
$100.00. A Stop Notice
is a notification that
has the ability to
enhance the
effectiveness of a
mechanic's lien. A Stop
Notice, or a notice to
withhold funds, is sent
to the company that is
financing or funding the
construction funds for a
project. Once that
company receives the
Stop Notice, that
company has notice that
it should withhold
sufficient money to
satisfy the stop notice
claim. The purpose of
the Stop Notice is to
provide the lender,
financiers or funders of
the construction project
notice that there is
money owed to a
contractor,
subcontractor or
supplier so that an
inquiry can be made as
to why that money is not
being paid. What is a Montana Amendment to a mechanics' lien Claim?LienItNow.com prepares, files and
serves Montana
Amendments to mechanics' lien Claims for a fee of $225.00. Amendments to a
mechanics' lien claim
are often needed when
something about the
lien claim changes. Common
changes to a lien claim
are increases or
reductions in the amount
due to the lienor, or a
change to the last date
of work. When should a Montana Discharge of mechanics' lien claim be filed?LienItNow.com prepares, files and
serves Montana
Discharges of mechanics' lien Claims for a fee of
$75.00. Once the lienor
has been paid the amount
contained in its lien
claim, or has come to an
agreement that requires
the lien claim to be
removed from the
property records, a
Discharge of mechanics' lien Claim should be
filed. How much does it cost to file a Montana Extension of a mechanics' lien Claim?LienItNow.com prepares, files and
serves extensions of
mechanics' lien Claims
for a fee of $75.00.
All lien claims expire
after a certain period
of time, and filing an
extension of the
mechanics' lien claim
prolongs the expiration
date. Montana law,
however, does not permit
an extension of
mechanics' lien claims. Can I file a Bond Claim on a Montana Project?LienItNow.com prepares, files and
serves Montana Bond Claims for a fee of $250.00. Bond claims
can only be filed on a
project where the owner,
contractor or
subcontractor has
obtained a payment bond
to ensure that every
contractor receives
payment for the work
performed on the
Project. The payment
bonds issued by sureties
for construction
projects have specific
timing requirements, but
most require claimants
to submit claims against
the bond within sixty to
ninety days from the
claimants' last date of
work. Bond claims are as or
more effective than a
lien claim because the
payment bond acts as a
guarantee that payment
will be made for work
properly completed. Do I need to file a Pre-Notice to make a claim against a Montana payment bond?LienItNow.com prepares, files and
serves Montana
Pre-Notices for bond
claims for a fee of
$50.00. Depending on
the terms of the payment
bond, pre-notices may or
may not be required.
LienItNow.com recommends that, prior
to or immediately after
starting work or
delivering materials to
a project,
subcontractors and
suppliers, file a
pre-notice that it is a
potential beneficiary of
the construction
project's bond. |
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