Montana Lien Waiver Guide
Montana requires statutory lien waiver forms. Non-compliant waivers may be void and unenforceable.
Key Information
Waiver Type
Statutory
Filing Deadline
90 days from last furnishing labor or materials
Notice Requirements
No preliminary notice required.
Key Statutes
Mont. Code Ann. §71-3-521 et seq.; §71-3-531 (waiver forms)
Waiver Types in Montana
Conditional Waiver on Progress PaymentRequired
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress PaymentRequired
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final PaymentRequired
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final PaymentRequired
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
Montana Lien Waiver Rules
Montana provides statutory lien waiver forms. Four forms are mandated for conditional/unconditional progress and final payments. Contractors must use substantially similar forms to the statutory versions. Montana also requires that waivers be signed and, in some cases, notarized.
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