Please reach out to LIEN Law LAWYER Paul Moses II if you cannot find an answer to your question

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A construction lien, sometimes known as a mechanic's lien, is a legal claim filed by contractors, subcontractors, suppliers, and other parties involved in a construction project to secure payment for labor, materials, or services provided. In Montana, this lien allows claimants to have a legal interest in the property until they receive the payment owed.  

Attorney Paul Moses has helped contractors and property owners in lien cases many times over the years.  Indeed, he's taught courses on the subject.  As an experienced construction lien lawyer and lien law lawyer, Paul would be happy to discuss your case and your questions.  Call us at 406.630.3032.

On the one hand, yes, there are forms online that purport to be "lien law forms."  But, you have to be careful as (a) these forms aren't always updated (there is one out there that says you have a year to enforce your lien when it's really 2 years), and (2) many of these forms are generic for 'one size fits all' situations.  Your work isn't one size fits all; neither should your approach to getting paid for it.

Once you get that feeling that things are headed south on the job site, you must act quickly to preserve your lien rights and protect yourself.  (1) Gather the information about the job (contract, invoices, etc.), (2) contact an experienced lien law lawyer.

Contractors, subcontractors, suppliers, laborers, and other parties who have provided labor, materials, or services to a construction project may file a construction lien. 

You betcha.  A construction lien can complicate the property owner’s ability to sell or refinance the property until the lien is resolved. 

Once filed, the lien creates a claim against the property.  If the debt is not resolved, the lienholder can initiate a lawsuit to 'foreclose' on the lien and seek a judgment against the homeowner for the amount of the lien plus costs, interest, and attorney's fees.

The Notice of Right to Claim Lien ("NRCL") is a preliminary notice that certain contractors, subcontractors, and suppliers must send to the property owner to notify the owner of the contractor's right to file a construction lien. Getting this notice right can help protect a contractor's lien rights; messing it up can help protect the homeowner.  If you are preparing or if you have received a NRCL, in order to protect yourself, you should consult with an attorney right away.

Oh, yes.  There are many, they are specific, and they are strictly enforced.  If you are a homeowner and the contractor goofs up the deadlines, your case becomes a whole lot easier to win.  If you are a contractor and you follow all the deadlines, your case becomes easier to win.  In other words, a lien law case can be made or broken just on the specific legal deadlines involved.

Someone who has filed a construction lien has two years from the date of filing the lien in which to initiate a lawsuit to enforce it.

Yes.  Whenever a construction lien has been filed on real property, certain people can file a bond equal to 1.5x the amount of the lien with the Clerk of Court.  The lien filed in the county records against the real property is then discharged and released and the bond is substituted for the lien.  "Bonding off" a lien is a technical process.  The advice of an experienced attorney is strongly recommended.

You bet there are.  It is important to ensure that any lien filed accurately represents the work, materials, or services provided, as well as the amount due.

Yes.  Besides construction (mechanics') liens, Montana law provides liens for: 

• Those working as farm laborers
• Loggers and lumber workers
• People who provide seed or grain for crops 
• Threshers or swathers
• People who engage in the business of crop dusting or spraying grains or crops
• Hotelkeepers, and others.

No, but you can do your own brain surgery, too.  Whether you do your own brain surgery or handle your own lien law case, the results will likely be the same:  bloody, irreversible, and much more expensive than you thought.  So, although you are not required to have an attorney when dealing with lien law issues, it is highly recommended to seek experienced legal representation.  When it comes to lien law cases, you can do your job or Paul's job, but not both well.