Claim of Construction Lien-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Claim of Construction Lien.

Scope: State of Montana, Private Works.

Time Constraints: The method of filing depends on whether a Notice of Completion has been filed:

If a Notice of Completion has not been filed by the owner or prime contractor: File your lien within 90 days, inclusive, of the last furnishing of labor, materials or service.

If a Notice of Completion HAS been filed by the owner or prime contractor: File your lien within 60 days, inclusive, of the first notice of publication.

A copy of the notice must be served by Certified Mail with return receipt requested.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Notice of Labor's or Material men’s Lien file suit against the sureties within the time frame specified by the bond.

Lien Bond: A Lien Bond equal to 150% of the lien claim maybe filed by the owner after the lien is filed and before closure suit is filed.

Perfection, both cases: File suit within 2 years from the date of the filing of your lien. Note: The owner does have the right to contest your foreclosure and must file a bond on the clerk of the court in the amount due you anytime before the foreclosure action is commenced.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the County of the state where the recording will be made.

Form Types: Notice of Labor's and Material men’s Lien, Exhibit’s A-D, if needed, Stop Notice and Claim on Unpaid Funds, if needed, and Recorder's Letter.

Procedures: Prepare your documents using the required information. While you can file your Notice of Labor's And Material men’s Lien immediately, if there is a lender or surety, serve copies of the Notice of Labor's And Material men’s Lien and Stop Notice and Claim on Unpaid Funds on the owners, lenders and sureties by Certified Mail. Often this is enough to get immediate payment. If not, file your Notice of Labor's and Material men’s Lien immediately and serve upon the owners and general contractors (your customer is optional). At this point you are ready to file suit to enforce all of your claims in one action.

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