Mont. Code Ann. » TITLE 18. PUBLIC CONTRACTS · CHAPTER 1. PUBLIC CONTRACTS GENERALLY · Part 4. Contract Actions Against the State
Montana Code Annotated

Mont. Code Ann. § 18-1-402 (2026)

Administrative Procedures -- Exhaustion -- Time Limitations

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 18
  3. CHAPTER 1
  4. Part 4
  5. 18-1-402 Administrative procedures -- exhaustion -- time limitations

TITLE 18. PUBLIC CONTRACTS

CHAPTER 1. PUBLIC CONTRACTS GENERALLY

Part 4. Contract Actions Against the State

Administrative Procedures -- Exhaustion -- Time Limitations

18-1-402. Administrative procedures -- exhaustion -- time limitations. Whenever any contracting agency of the state of Montana provides a procedure for the settlement of any question or dispute arising between the contractor and the agency, the contractor, before proceeding to bring an action in court under the provisions of this part, shall resort to the procedure within the time specified in the contract or, if a time is not specified, within 90 days after the question or dispute has arisen, provided:

(1) in a case in which a settlement procedure is provided by the contracting agency, all actions authorized under this section must be commenced within 1 year after a final decision has been rendered pursuant to the settlement procedure; and

(2) in a case in which a settlement procedure is not provided by the contracting agency, the action must be commenced by the contractor within 1 year after the cause of action has arisen.

History: En. Sec. 2, Ch. 138, L. 1955; R.C.M. 1947, 83-602; amd. Sec. 222, Ch. 56, L. 2009.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1993–2024 · leading case: Missoula Cnty. v. DOC, 2024 MT 98 (Mont. 2024).
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Missoula Cnty. v. DOC, 2024 MT 98 (Mont. 2024). · cites it 35× “Whether the District Court correctly concluded the County’s contract claims were time-barred by § 18-1-402, MCA. 2. Whether the District Court correctly concluded the County’s tort claim for breach of the covenant of good faith was not supported by a special relationship.”
M. Plakorus v. Univ. of Montana, 2020 MT 312 (Mont. 2020). · cites it 12× “The court reasoned that “[t]he filing date is more than one year after the alleged breach occurred and regardless of Plaintiff’s failure to follow any grievance procedure, Plaintiff failed to timely file his Complaint under Mont. Code Ann. § 18-1-402 (2).”3 This appeal followed.”
Lutey Constr.-The Craftsman v. State, 851 P.2d 1037 (Mont. 1993). · cites it 14× “Constitutionality of Section 18-1-402, MCA III. Quantum Meruit IV.”
Obert v. State, 2024 MT 270 (Mont. 2024). · cites it 5× “” Section 18-1-402, MCA. ¶19 The threshold issue here is when, exactly, a civil cause of action arises when a criminal proceeding is underway that has bearing on the results of civil claims.”
Cole v. Montana Univ. Sys. (D. Mont. 2023). · cites it 16× “) Hedtke and John relatedly contend that any attempt by the Court to apply the one-year limitation that Mont. Code Ann § 18-1-402 sets forth for contract disputes involving the State of Montana would misinterpret the statute.”
Mont. Code Ann. § 18-1-402(2): 2 cases
M. Plakorus v. Univ. of Montana, 2020 MT 312 (Mont. 2020). “The court reasoned that “[t]he filing date is more than one year after the alleged breach occurred and regardless of Plaintiff’s failure to follow any grievance procedure, Plaintiff failed to timely file his Complaint under Mont. Code Ann. § 18-1-402 (2).”3 This appeal followed.”
Missoula Cnty. v. DOC, 2024 MT 98 (Mont. 2024). “Whether the District Court correctly concluded the County’s contract claims were time-barred by § 18-1-402, MCA. 2. Whether the District Court correctly concluded the County’s tort claim for breach of the covenant of good faith was not supported by a special relationship.”
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