The Construction Lien is a Montana Judicial Branch form on which a person who furnished services or materials to improve real property states a construction lien claim under Title 71, chapter 3, of the Montana Code Annotated. It names the claimant, the property, the contracting owner, what was provided, the unpaid amount and the key dates. On this page you can fill out the construction lien form online on FillingPDF and download or print the completed PDF; the original is published by the Montana Judicial Branch on its lien forms page.
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What is Construction Lien – Montana?
The Construction Lien is the Montana Judicial Branch form in which a person claims a construction lien against real property, pursuant to Title 71, chapter 3, of the Montana Code Annotated, for services or materials furnished to improve that property and not fully paid for.
The form is a single statement, written as a series of fill-in sentences. In it the claimant gives their name and address, describes the real property well enough to identify it, names the contracting owner and the party who entered into the contract to improve the real estate, and names the party at whose request the services or materials were provided. It then describes what was provided, states the amount remaining unpaid, gives the dates the claimant first and last furnished services or materials, and records the notice of the right to claim a lien.
The Montana Judicial Branch lists the form among its lien resources. Its page defines a lien under MCA 71-3-101 as a charge imposed, in some mode other than by a transfer in trust, upon specific property, making that property security for the performance of an act. Construction liens fall under Title 71, Chapter 3, Part 5, Construction Liens.
The form does not cover other kinds of liens, such as judgment liens, which the same agency page places under different parts of the Montana Code Annotated.
Who needs to file Construction Lien – Montana?
The main user is a person who contracted to furnish services or materials for improving real property in Montana and wants to claim a construction lien on that property under Title 71, chapter 3, of the Montana Code Annotated. The form is written in the first person, so the person claiming the lien completes it with their own name and address.
The form assumes this set of facts:
- The claimant provided services or materials at the request of another party, whose name and address go on the form.
- The property has a contracting owner, and the form asks for the owner and for the person who entered into the contract to improve the real estate.
- A notice of the right to claim a lien was given as required by 71-3-531. If giving that notice was not required, the form asks you to state the reason it was not required.
The form says nothing about who may sign or file on behalf of a claimant, and it does not set eligibility requirements beyond the statute it cites. For questions about whether you qualify to claim a construction lien, read Title 71, Chapter 3, Part 5 of the Montana Code Annotated.
When to file Construction Lien – Montana
The form has no filing deadline printed on it. You complete it when you decide to claim a construction lien, and it records the timing facts of your claim: the date you first furnished services or materials, the date you last furnished them (an estimate, identified as such, if that date has not yet arrived), and the date you gave the notice of the right to claim a lien under 71-3-531. For the timing rules that govern a construction lien, see Title 71, Chapter 3, Part 5 of the Montana Code Annotated, which the Montana Judicial Branch lists on its lien forms page.
How to fill out Construction Lien – Montana
Enter the claimant's name and address
In the first sentence, insert the name and address of the person claiming the construction lien. The claim is made under Title 71, chapter 3, of the Montana Code Annotated.
Describe the real property
After "I claim this lien against," give a description of the real property that is sufficient to identify it.
Name the contracting owner
Insert the name of the person who owns the real estate and the name of the person who entered into the contract to improve it.
Identify the party who requested the work
After "At the request of," give the name and address of the party with whom you contracted to furnish services or materials.
Describe what you provided
Give a description of the services or materials you provided to improve the property.
State the amount unpaid
Insert the amount remaining unpaid. If the contract fixed no amount, give your good faith estimate and identify it as an estimate.
Enter the first and last dates
Give the date you first furnished services or materials and the date you last furnished them. If the last date has not yet arrived, insert an estimated date and identify it as an estimate.
Record the notice of right to claim
Give the date you gave notice of the right to claim a lien under 71-3-531 and the name of the contracting owner who received it. If no notice was required, state the reason it was not required.
Review and download the completed PDF
Check every blank against your contract and records, then download or print the completed PDF from FillingPDF. Confirm the filing requirements in Title 71, Chapter 3, Part 5 before you submit.
How to submit Construction Lien – Montana
The form itself names no filing office, address, portal or fee. It is a claim statement made under Title 71, chapter 3, of the Montana Code Annotated, and the Montana Judicial Branch publishes it at https://courts.mt.gov/forms/liens with its other lien resources.
Before you send or file the completed form anywhere, check the construction lien provisions in Title 71, Chapter 3, Part 5 of the Montana Code Annotated, which the agency's page lists, for what must accompany the claim and where it goes. FillingPDF lets you fill out and download the PDF; submission follows the channels the Montana statutes and the Montana Judicial Branch provide.
Common mistakes to avoid
- Omitting the name and address of the person claiming the lien from the opening statement.
- Describing the real property too vaguely; the form requires a description sufficient to identify it.
- Naming only the property owner and not the person who entered into the contract to improve it, which the form asks for alongside the contracting owner.
- Giving an unpaid amount without identifying it as an estimate when no amount was fixed by the contract.
- Entering a future last-furnished date without identifying it as an estimate.
- Leaving the notice line blank when no notice of the right to claim a lien was required; the form asks you to state the reason.
- Listing the wrong party in the "at the request of" sentence; it asks for the party with whom you contracted to furnish services or materials, with name and address.
- Describing the services or materials only generally instead of giving a description of what you provided.
Frequently asked questions
What is a construction lien form in Montana?
It is the Montana Judicial Branch form on which a person claims a construction lien against real property under Title 71, chapter 3, of the Montana Code Annotated. It identifies the claimant, the property, the owner, the work or materials provided, the unpaid amount and the key dates.
What information does the Construction Lien form ask for?
It asks for the claimant's name and address, a description of the real property, the contracting owner and contracting person, the requesting party, a description of services or materials, the unpaid amount, the first and last furnishing dates, and the date and recipient of the notice of the right to claim a lien.
What if I do not know the exact unpaid amount or last date?
Give an estimate and label it as one. The form says that if the contract fixed no amount, you give your good faith estimate and identify it as an estimate, and that a last-furnished date that has not yet arrived is entered as an estimated date and identified as such.
What do I write if I did not give a notice of the right to claim a lien?
State the reason it was not required. The form's last sentence asks for the date and the contracting owner's name when notice was given under 71-3-531; if giving notice was not required, you write why instead.
Is there a deadline to file a construction lien?
No deadline is printed on the form. The timing rules are in Title 71, Chapter 3, Part 5 of the Montana Code Annotated, which the Montana Judicial Branch lists with its lien forms. Read those provisions before you rely on any date.
Can I fill out the Construction Lien form online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not affiliated with the Montana Judicial Branch, and it does not file or record the lien; you follow the channels the Montana statutes and courts provide.
Where is the official Construction Lien form published?
The Montana Judicial Branch publishes it as a PDF at courts.mt.gov/external/library/forms/liens/construction_lien.pdf and lists it on its lien forms page at courts.mt.gov/forms/liens, along with links to Title 71, Chapter 3 of the Montana Code Annotated.
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