Mont. Code Ann. » TITLE 71. MORTGAGES, PLEDGES, AND LIENS · CHAPTER 3. LIENS · Part 5. Construction Liens
Montana Code Annotated

Mont. Code Ann. § 71-3-535 (2026)

Attachment Of Lien -- Filing

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 71
  3. CHAPTER 3
  4. Part 5
  5. 71-3-535 Attachment of lien -- filing

TITLE 71. MORTGAGES, PLEDGES, AND LIENS

CHAPTER 3. LIENS

Part 5. Construction Liens

Attachment Of Lien -- Filing

71-3-535. Attachment of lien -- filing. (1) A person's lien does not attach and may not be enforced unless, after entering into the contract under which the lien arises, the person has filed a lien not later than 90 days after:

(a) the person's final furnishing of services or materials; or

(b) the owner files a notice of completion pursuant to 71-3-533.

(2) (a) The lien must be filed with the county clerk and recorder of the county in which the improved real estate is located, and the county clerk and recorder may allow the lien to be filed electronically.

(b) The person claiming the lien shall certify to the county clerk and recorder that a copy of the lien has been served on the owner of record as provided in 71-3-534(2).

(3) The lien statement must contain:

(a) the name and address of the person claiming the lien;

(b) a description of the real property against which the lien is claimed sufficient to identify it;

(c) the name of the contracting owner;

(d) the name and address of the party with whom the person claiming the lien contracted to furnish services or materials;

(e) a description of the services or materials provided;

(f) the amount unpaid for services or materials or, if no amount is fixed by the contract, a good faith estimate of the amount unpaid, designated as an estimate;

(g) (i) the date on which the services or materials were first furnished; and

(ii) the date on which the services or materials were last furnished; and

(h) a declaration that a notice of a right to claim a lien was given to the contracting owner or an explanation of why the notice was not required.

(4) A lien notice that is filed pursuant to this section before the person claiming the lien has substantially furnished services or materials pursuant to a real estate improvement contract is not effective to create a construction lien unless the lien claimant is prevented from fulfilling the lien claimant's obligation because of the fault of another person.

(5) Except as provided in subsection (6), a lien attaches at the commencement of work as defined in 71-3-522.

(6) A lien attaches when it is filed if it is for the preparation of plans, surveys, or architectural or engineering plans or drawings for any change in the physical condition of land or structures that are not used incident to producing a change in the physical condition of the real estate.

History: En. Sec. 9, Ch. 202, L. 1987; amd. Sec. 3, Ch. 357, L. 1999.

Notes of Decisions
Cited in 22 cases, 1989–2017 · leading case: Burns v. a Cash Constr. Lien Bond, 2000 MT 233 (Mont. 2000).
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Burns v. a Cash Constr. Lien Bond, 2000 MT 233 (Mont. 2000). · cites it 29× “¶13 Section 71-3-535, MCA, provides in pertinent part: *307 Attachment of lien — filing.”
Total Indus. Plant Servs., Inc. v. Turner Indus. Grp., LLC., 2013 MT 5 (Mont. 2013). · cites it 16× “appeals the District Court’s entry of judgment in favor of defendants Turner Industries Group, LLC (“Turner”), and Fidelity and Deposit Company of Maryland (“Fidelity”), dismissing TIPS’s claims for additional compensation under either quantum meruit or breach of contract,…”
Johnston v. Palmer, 2007 MT 99 (Mont. 2007). · cites it 8× “¶34 The District Court found that the procedural requirements of § 71-3-535, MCA, were met in that the lien (1) was timely filed and served on Palmer; (2) listed AFM’s name and address as claimant; (3) contained a “reasonably sufficient” description of the property; (4) named…”
LHC, INC. v. Alvarez, 2007 MT 123 (Mont. 2007). · cites it 6× “Section 71-3-535(3)(g)(i) and (ii), MCA, requires that a lien state the dates materials were furnished.”
Swain v. Battershell, 1999 MT 101 (Mont. 1999). · cites it 9× “Section 71-3-535(1), MCA, provides in relevant part that a construction lien does not attach and cannot be enforced unless it was filed within 90 days after the final furnishing of services or materials.”
Vintage Constr., Inc. v. Feighner, 2017 MT 109 (Mont. 2017). · cites it 5× “Vintage offers § 71-3-535(4), MCA, Johnston and dck Worldwide as legal authority to support its argument.”
Rossi v. Pawiroredjo, 2004 MT 39 (Mont. 2004). · cites it 3× “¶18 Section 71-3-535, MCA (2000), controls the attachment of a construction lien and provides in pertinent part: Attachment of lien-filing.”
Riverview Homes, II, Ltd. v. Canton, 2001 MT 309 (Mont. 2001). · cites it 4× “Furthermore, certain steps are required to perfect and enforce construction liens, such as notice pursuant to § 71-3-531, MCA, and recordation pursuant to § 71-3-535, MCA. Riverview neither furnished services or materials to Canton for completion of the man-made lake, nor…”
Turner v. Mountain Eng'g & Constr., Inc., 915 P.2d 799 (Mont. 1996). · cites it 2× “In 1987, approximately eight years before the foreclosure sale, the construction liens were filed pursuant to § 71-3-535, MCA. The District Court ordered Turner to prepare an appropriate decree and order for foreclosure of the property.”
Mountain West Bank, N.A. v. Cherrad, LLC, 2013 MT 99 (Mont. 2013). · cites it 8× “¶2 We review the following issues on appeal: *494 ¶3 Issue One: Did the District Court err when it granted summary judgment to the Hale interests and MWB, determining that the Estate’s construction lien was invalid due to its failure to comply with § 71-3-535, MCA? ¶4 Issue Two:…”
In Re Brittian, 106 B.R. 665 (Bankr. D. Mont. 1989). · cites it 5× “Section 71-3-535 addresses when a construction lien attaches to the improved real estate.”
Turner v. Mountain Eng'g & Const., Inc., 915 P.2d 799 (Mont. 1996). · cites it 2× “In 1987, approximately eight years before the foreclosure sale, the construction liens were filed pursuant to § 71-3-535, MCA. The District Court ordered Turner to prepare an appropriate decree and order for foreclosure of the property.”
Show all 22 citing cases →
Mont. Code Ann. § 71-3-535(1): 3 cases
Total Indus. Plant Servs., Inc. v. Turner Indus. Grp., LLC., 2013 MT 5 (Mont. 2013). “appeals the District Court’s entry of judgment in favor of defendants Turner Industries Group, LLC (“Turner”), and Fidelity and Deposit Company of Maryland (“Fidelity”), dismissing TIPS’s claims for additional compensation under either quantum meruit or breach of contract,…”
Swain v. Battershell, 1999 MT 101 (Mont. 1999). “Section 71-3-535(1), MCA, provides in relevant part that a construction lien does not attach and cannot be enforced unless it was filed within 90 days after the final furnishing of services or materials.”
James Talcott Constr., Inc. v. P & D Land Enter., 862 P.2d 395 (Mont. 1993).
Mont. Code Ann. § 71-3-535(2)(b): 1 case
Earthworks v. Waldher, 2002 MT 272N (Mont. 2002).
Mont. Code Ann. § 71-3-535(3): 3 cases
Mountain West Bank, N.A. v. Cherrad, LLC, 2013 MT 99 (Mont. 2013). “¶2 We review the following issues on appeal: *494 ¶3 Issue One: Did the District Court err when it granted summary judgment to the Hale interests and MWB, determining that the Estate’s construction lien was invalid due to its failure to comply with § 71-3-535, MCA? ¶4 Issue Two:…”
Earthworks v. Waldher, 2002 MT 272N (Mont. 2002).
Latray v. Osorio St. Peter, 1998 MT 151N (Mont. 1998).
Mont. Code Ann. § 71-3-535(3)(b): 3 cases
Johnston v. Palmer, 2007 MT 99 (Mont. 2007). “¶34 The District Court found that the procedural requirements of § 71-3-535, MCA, were met in that the lien (1) was timely filed and served on Palmer; (2) listed AFM’s name and address as claimant; (3) contained a “reasonably sufficient” description of the property; (4) named…”
JTL Grp., Inc. v. New Outlook, LLP, 2010 MT 1 (Mont. 2010).
Latray v. Osorio St. Peter, 1998 MT 151N (Mont. 1998).
Mont. Code Ann. § 71-3-535(3)(c): 3 cases
Swain v. Battershell, 1999 MT 101 (Mont. 1999). “Section 71-3-535(1), MCA, provides in relevant part that a construction lien does not attach and cannot be enforced unless it was filed within 90 days after the final furnishing of services or materials.”
Johnston v. Palmer, 2007 MT 99 (Mont. 2007). “¶34 The District Court found that the procedural requirements of § 71-3-535, MCA, were met in that the lien (1) was timely filed and served on Palmer; (2) listed AFM’s name and address as claimant; (3) contained a “reasonably sufficient” description of the property; (4) named…”
Petri v. James Talcott Constructio, 2000 MT 355N (Mont. 2000).
Mont. Code Ann. § 71-3-535(3)(e): 1 case
Dck Worldwide Holdings Inc. v. CH SP Acquisition LLC, 2015 MT 225 (Mont. 2015).
Mont. Code Ann. § 71-3-535(3)(f): 1 case
Petri v. James Talcott Constructio, 2000 MT 355N (Mont. 2000).
Mont. Code Ann. § 71-3-535(3)(g)(i): 1 case
LHC, INC. v. Alvarez, 2007 MT 123 (Mont. 2007). “Section 71-3-535(3)(g)(i) and (ii), MCA, requires that a lien state the dates materials were furnished.”
Mont. Code Ann. § 71-3-535(4): 1 case
Vintage Constr., Inc. v. Feighner, 2017 MT 109 (Mont. 2017). “Vintage offers § 71-3-535(4), MCA, Johnston and dck Worldwide as legal authority to support its argument.”
Mont. Code Ann. § 71-3-535(5): 5 cases
In Re Aznoe Agribiz, Inc., 416 B.R. 755 (Bankr. D. Mont. 2009).
In Re Brittian, 106 B.R. 665 (Bankr. D. Mont. 1989). “Section 71-3-535 addresses when a construction lien attaches to the improved real estate.”
Gaston Eng'g & Surveying, P.C. v. Oakwood Props., LLC, 2011 MT 44 (Mont. 2011).
In Re Peterson, 106 B.R. 229 (Bankr. D. Mont. 1989).
JTL Grp., Inc. v. New Outlook, LLP, 2010 MT 1 (Mont. 2010).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.