Montana Code Annotated

Mont. Code Ann. § 71-3-124 (2026)

Filing Costs And Attorney Fees To Be Recovered On Foreclosure Of Liens -- Offer Of Judgment

✓ current as of May 2026

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TITLE 71. MORTGAGES, PLEDGES, AND LIENS

CHAPTER 3. LIENS

Part 1. General Provisions

Filing Costs And Attorney Fees To Be Recovered On Foreclosure Of Liens -- Offer Of Judgment

71-3-124. Filing costs and attorney fees to be recovered on foreclosure of liens -- offer of judgment. (1) In an action to foreclose any of the liens provided for in Title 71, chapter 3, part 3, 4, 5, 6, 8, 10, or 16, the court shall allow as costs the money paid and attorney fees incurred for filing and recording the lien and reasonable attorney fees in the district and supreme courts. The costs and attorney fees must be allowed to each claimant whose lien is established, and the reasonable attorney fees must be allowed to the defendant against whose property a lien is claimed if the lien is not established.

(2) In an action to foreclose any of the liens provided for in Title 71, chapter 3, part 3, 4, 5, 6, 8, 10, or 16, a defendant may make an offer of judgment as authorized in Rule 68, M.R.Civ.P. If the lienholder rejects the offer to allow judgment to be taken against the defendant and the lienholder obtains a judgment that is not more favorable than the offer, the lienholder shall, in addition to the costs allowed under Rule 68, M.R.Civ.P., pay the attorney fees incurred after the offer is made.

History: Ap. p. Sec. 1863, C. Civ. Proc. 1895; re-en. Sec. 7166, Rev. C. 1907; amd. Sec. 1, Ch. 100, L. 1921; re-en. Sec. 9799, R.C.M. 1921; amd. Sec. 1, Ch. 69, L. 1925; amd. Sec. 1, Ch. 19, L. 1929; re-en. Sec. 9799, R.C.M. 1935; Sec. 93-8614, R.C.M. 1947; Ap. p. Sec. 1, Ch. 27, L. 1923; re-en. Sec. 9799.1, R.C.M. 1935; Sec. 93-8615, R.C.M. 1947; Ap. p. Sec. 1864, C. Civ. Proc. 1895; re-en. Sec. 7167, Rev. C. 1907; re-en. Sec. 9800, R.C.M. 1921; re-en. Sec. 9800, R.C.M. 1935; Sec. 93-8616, R.C.M. 1947; Ap. p. Sec. 15, p. 131, L. 1899; re-en. Sec. 5833, Rev. C. 1907; re-en. Sec. 8332, R.C.M. 1921; re-en. Sec. 8332, R.C.M. 1935; Sec. 45-415, R.C.M. 1947; Ap. p. Sec. 9, Ch. 196, L. 1935; re-en. Sec. 8374.9, R.C.M. 1935; Sec. 45-909, R.C.M. 1947; Ap. p. Sec. 1, Ch. 17, L. 1915; re-en. Sec. 8352, R.C.M. 1921; re-en. Sec. 8352, R.C.M. 1935; Sec. 45-602, R.C.M. 1947; R.C.M. 1947, 45-415(part), 45-602, 45-909, 93-8614, 93-8615, 93-8616; amd. Sec. 1, Ch. 240, L. 1999; amd. Sec. 8, Ch. 367, L. 2009.

Notes of Decisions

Cited in 46 cases (1 in the last 5 years), 1979–2021 · leading case: Turner v. Mountain Eng'g & Constr., Inc., 915 P.2d 799 (Mont. 1996).

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Turner v. Mountain Eng'g & Constr., Inc., 915 P.2d 799 (Mont. 1996). · cites it 20× “Turner’s brief in support of his motion for summary judgment included a request for attorney's fees and referenced § 71-3-124, MCA. In its March 14, 1995, Memorandum and Order for Summary Judgment, the District Court awarded Turner his costs and attorney’s fees pursuant to §§…”

LHC, INC. v. Alvarez, 2007 MT 123 (Mont. 2007). · cites it 16× “¶ 35 "The fact that [the claimant] did not receive the entire amount of his claim does not alter" the award of attorney fees mandated by § 71-3-124, MCA. Donnes v. Orlando, 221 Mont.”

Turner v. Mountain Eng'g & Const., Inc., 915 P.2d 799 (Mont. 1996). · cites it 20× “Turner's brief in support of his motion for summary judgment included a request for attorney's fees and referenced § 71-3-124, MCA. In its March 14, 1995, Memorandum and Order for Summary Judgment, the District Court awarded Turner his costs and attorney's fees pursuant to §§…”

Carkeek v. Ayer, 613 P.2d 1013 (Mont. 1980). · cites it 12× “Section 71-3-124, MCA. In determining what constitutes a "reasonable fee" in a given case, we have set down the following guidelines: "`.”

Vintage Constr., Inc. v. Feighner, 2017 MT 109 (Mont. 2017). · cites it 11× “Vintage appeals the District Court’s decision to deny its right to foreclose its construction lien placed on Myers’ real property and the court’s decision to deny Vintage attorney’s fees pursuant to the lien foreclosure statute, § 71-3-124, MCA. We affirm the District Court’s…”

Blue Ridge Homes, Inc. v. Thein, 2008 MT 264 (Mont. 2008). · cites it 7× “The District Court also determined that § 71-3-124, MCA, entitled Blue Ridge to recover costs and attorney fees as a successful lien claimant.”

James Talcott Constr., Inc. v. P&D Land Enter., 2006 MT 188 (Mont. 2006). · cites it 6× “¶59 In the comb’s September 1999 fee Order, it noted that § 71-3-124, MCA, authorizes a court to award “reasonable attorney fees” to a claimant whose lien is established.”

Murphy Homes, Inc. v. Muller, 2007 MT 140 (Mont. 2007). · cites it 4× “Aberle/Muller rely on § 71-3-124, MCA, for their contention. ¶87 Beyond their citation to § 71-3-124, MCA, Aberle/Muller fail to provide any argument in their brief explaining how they believe Aberle prevailed on the issue of the construction lien thereby entitling him to…”

Dick Anderson Constr., Inc. v. Monroe Constr. Co., 2009 MT 416 (Mont. 2009). · cites it 4× “¶61 As a final matter, DAC requests attorney’s fees on appeal pursuant to the Montana Rules of Appellate Procedure; the Montana Prompt Pay Act (§ 28-2-2105, MCA); and Montana’s lien statutes (specifically, §71-3-124, MCA). *551 ¶62 Section 28-2-2105, MCA, provides in part: “In a…”

Johnston v. Palmer, 2007 MT 99 (Mont. 2007). · cites it 4× “¶55 Finally, as argued by AFM, under § 71-3-124(1), MCA, a successful lien claimant is entitled to recover attorney fees and costs incurred at trial and upon appeal.”

Kenneth D. Collins Agency v. Hagerott, 684 P.2d 487 (Mont. 1984). · cites it 6× “25 in attorney's fees for the removal of the invalid lien under Section 71-3-124, MCA. No award of attorney's fees was made for trial time, post trial briefs or costs.”

AA Constr. of Missoula, LLC v. Choice Land Corp., 2011 MT 262 (Mont. 2011). · cites it 5× “¶16 CLR sought its attorney fees for the lien foreclosure action pursuant to §71-3-124, MCA. CLR argued that the lien was not valid because the District Court discharged the lien in September 2007.”

Show all 46 citing cases →

— Mont. Code Ann. § 71-3-124(1) — 11 cases

LHC, INC. v. Alvarez, 2007 MT 123 (Mont. 2007). “¶ 35 "The fact that [the claimant] did not receive the entire amount of his claim does not alter" the award of attorney fees mandated by § 71-3-124, MCA. Donnes v. Orlando, 221 Mont.”

Johnston v. Palmer, 2007 MT 99 (Mont. 2007). “¶55 Finally, as argued by AFM, under § 71-3-124(1), MCA, a successful lien claimant is entitled to recover attorney fees and costs incurred at trial and upon appeal.”

Lewistown Miller Constr. Co. v. Martin, 2011 MT 325 (Mont. 2011).

Dick Anderson Constr., Inc. v. Monroe Constr. Co., 2009 MT 416 (Mont. 2009). “¶61 As a final matter, DAC requests attorney’s fees on appeal pursuant to the Montana Rules of Appellate Procedure; the Montana Prompt Pay Act (§ 28-2-2105, MCA); and Montana’s lien statutes (specifically, §71-3-124, MCA). *551 ¶62 Section 28-2-2105, MCA, provides in part: “In a…”

Vintage Constr., Inc. v. Feighner, 2017 MT 109 (Mont. 2017). “Vintage appeals the District Court’s decision to deny its right to foreclose its construction lien placed on Myers’ real property and the court’s decision to deny Vintage attorney’s fees pursuant to the lien foreclosure statute, § 71-3-124, MCA. We affirm the District Court’s…”

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