Notice of Right to Claim a Lien-Private Work

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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: Notice of the Right to Claim a Lien.

Scope: State of Montana, Private Work.

Time Constraints: A Notice of the Right to Claim a Lien must be served within 20 days, inclusive, of the first furnishing of labor, materials or services by certified mail or personal service on the owner, otherwise you may enforce your lien only for the 20 prior days from the date of notice. However, if a regulated lender has provided the funds for the services or materials, notice may be given within 45 days from the date of first furnishing. After than date you may still file for the prior 45 days from the date of notice.

Serving the prime contractor is optional. Where required, if you do not serve the Notice of the Right to Claim a Lien you will lose your right to lien.

Because of the possible confusion as to what is and is not a commercial job, we strongly urge you to serve all private project owners with a Notice of the Right to Claim a Lien.

Information Requirements: The information required by the program.

Form Types: Notice of the Right to Claim a Lien, Exhibits A-D (if needed) and the Owner Letter, if used.

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Copies of all of the forms must be sent to the owners, lenders, sureties and, optionally, to the general contractors, if any, and your customers.

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