Montana

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COMMERCIAL:

  • Upfront Notice:
    • Notice of Right to Claim a Lien:
      • This notice is optional for commercial projects.
      • BICA sends this notice in lieu of a Courtesy Notice.
  • Follow-up Notice (if not paid): There is no statutory follow-up notice.

RESIDENTIAL:

  • Upfront Notice:
    • Notice of Right to Claim a Lien:
      • Required to be sent within 20 days of first delivery.
        • 45 days if a Lender has provided the funds for the materials or services delivered.
      • This notice must be recorded with the County Recorder where job is located.
      • This notice lasts for 1 year from date of filing. A 1-year Continuation of Notice of Right to Claim a Lien can be filed with the County Recorder.
  • Follow-up Notice:
    • Release of Notice of Right to Claim a Lien:
      • If you have been fully paid a Release must be filed within 5 days of the Owner’s request.
      • This notice must be recorded with the County Recorder where the job was located.
      • It must reference the Clerk & Recorder’s file number of the original Notice of Right to Claim a Lien.
      • This notice is available on the BICA member portal.

PUBLIC:

  • Upfront Notice:
    • Notice of Right of Action:
      • Required to be sent to Contractor within 30 days of first delivery.
  • Follow-up Notice (if not paid):
    • Notice of Claim:
      • Required to be sent within 90 days after completion of the project.
      • Determining the completion of a public project may be difficult. BICA recommends sending this notice within 90 days of your last delivery, if you have not yet been paid.
      • This notice is available on the BICA member portal.