Notice of Claim-Public 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.

Description: Notice of Claim on Bond and Lien for Public Improvement.

Scope: State of Montana, Public Works.

Time Constraints: You must have served a Notice of Provision of Labor, Services or Materials upon the required parties before you can make a claim on public funds. If not, you may not claim a lien against the Payment Bond. See the Montana Preliminary Notice, Public Work memo for more information.

You must serve the prime contractor and public entity with a Notice of Claim on Bond within 90 days after completion and acceptance of the contract. A copy of the notice must also be filed with the county recorder's office where the project is located.

Perfection: You must file suit to perfect your lien claim after complete performance of the contract but within 1 year of the final settlement of the contract. Suit must be filed against the surety at the same time.

Payment Bond: Obtain a copy of the public works bond to determine specifics as to filing time limitations for notice and suit.

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

Information Requirements: Program information and information for Exhibits A-D and 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 public entities and 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 Claim on Bond and Lien for Public Improvement and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien for Public Improvement on the public entities, general contractors and sureties, if known. File suit immediately to perfect your claim.

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