Monday, July 23, 2012

Filing Your Montana Construction Lien

Make Sure You Get Paid By Filing a Lien

Who Can File: Anyone who contributes something to the improvement can file.  However, suppliers of suppliers cannot file as they are too distant from the project.

What Can Be Claimed: Anything that can be proven as having added to the work of improvement can be claimed.  You can only claim up to the full contract price.

An agreement must exist in order to file.  It can be written, oral, or implied.

Prelien Requirement: For Subcontractors and all lower tier claimants, a 20 Day Notice must be served on the owner, and then within 5 days it must be filed at the recorder's office.  Prime Contractors, laborers, and anyone working on a commercial project pursuant to a real estate improvement contract do not need to serve this notice.

The lien must be filed by all claimants within 90 days after final work.  It cannot be claimed before work is finished.

Once you file your lien, you have 2 years from the filing date to foreclose before it expires.

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