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Lien waivers by state · Montana

Montana lien waiver requirements

Montana is a non-statutory state

Montana does not prescribe a mandatory statutory lien-waiver form or language — parties are free to word waivers as they choose, and a waiver is generally valid if it is in writing, signed by the waiving party, and clearly states the amount waived and the property involved. Critically, Mont. Code Ann. § 28-2-723 makes void any construction-contract provision requiring a contractor, subcontractor, or supplier to waive lien or payment-bond rights before being paid, so blanket pre-payment waivers are unenforceable.

Statute: Mont. Code Ann. § 28-2-723 (no pre-payment lien/bond waiver); construction lien statutes at Mont. Code Ann. §§ 71-3-521 to 71-3-562 (esp. § 71-3-531 notice, § 71-3-535 lien filing)

Montana lien waiver forms

The four standard waiver-and-release types and Montana’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Montana does not require lien waivers to be notarized; notarization is optional and adds nothing to validity. (A recorded lien claim itself must be verified/acknowledged, but that is separate from waivers.)
Mandatory statutory language: No statute prescribes specific waiver wording. Montana lien waivers are essentially unregulated as to form; any clear written release identifying the amount waived and the property is acceptable. The one statutory constraint is § 28-2-723: a contract cannot force a waiver of lien/bond rights prior to payment.
Electronic signatures accepted

Key Montana deadlines

Preliminary / pre-lien notice: Subcontractors and suppliers (not direct/original contractors) must serve a Notice of Right to Claim a Lien on the owner within 20 days of first furnishing labor/materials (45 days where a regulated lender funds payment on a non-owner-occupied project), then file a copy with the county clerk and recorder within 5 business days. Direct/original contractors and wage laborers are exempt.
Notice of intent to lien: Not required in Montana (no statutory Notice of Intent to Lien; sometimes sent voluntarily as a collection tactic).
Mechanics lien filing deadline: Within 90 days after the claimant last furnished labor or materials, or within 90 days after the owner records a Notice of Completion, whichever is applicable. (Lien enforcement/foreclosure must be commenced within 2 years of filing.)

Montana lien waiver FAQ

Does Montana require a specific lien waiver form?

No. Montana does not prescribe a statutory or mandatory lien waiver form, and waivers may be freely worded. A valid waiver should be in writing, signed by the waiving party, and clearly state the amount waived and the property involved. Note that Mont. Code Ann. § 28-2-723 voids any contract clause requiring a waiver of lien or bond rights before payment is received.

Do lien waivers need to be notarized in Montana?

No. Montana does not require lien waivers to be notarized. Notarization is optional and does not add legal validity, though a client may request it.

Can lien waivers be signed electronically in Montana?

Yes. Montana has adopted the Uniform Electronic Transactions Act, so electronic signatures are as legally valid as handwritten ones on lien waivers. Because notarization is not required, no extra steps are needed.

What is the deadline to file a mechanics lien in Montana?

A mechanics (construction) lien must be filed within 90 days of the claimant's last furnishing of labor or materials, or within 90 days of the owner recording a Notice of Completion. The lien must then be enforced (foreclosure action) within 2 years of filing.