Chicago Title Insurance Company, NCS

– 33 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM A person who furnishes services or materials pursuant to a real estate improvement contract. Includes design professionals. Iliescu v. Steppan, 133 Nev. 182, 187, 394 P.3d 930, 934 (2017) MT CODE § 71-3-523 DEADLINE TO PERFECT Lien must be filed within 90 days after: • final furnishing of services/materials; or • owner files a notice of completion pursuant to MT CODE § 71-3-533 MT CODE § 71-3-535 BROKEN PRIORITY Once filed, lien priority relates back to commencement of work. Commencement is the date of first visible change in the physical condition of the real estate caused by the first laborer or materialman. NOTE/EXCEPTIONS: • Design Professionals’ Lien: attaches when it is filed, as opposed to date of commencement of work. MT CODE § 71-3- 535(6) • Previously Recorded Mortgages/Liens: Liens recorded prior to commencement of work will still be inferior (1) to the extent of severable improvements and/or (2) if mortgage was taken to secure advances made for the purposes of paying for the particular improvement to which the construction lien attaches. MT CODE § 71-3-542 MT CODE § 71-3-535 DURATION OF LIEN Action to enforce lien must be commenced within 2 years from the date of filing the lien. MT CODE § 71-3-562 CONTENTS OF LIEN (1) Name and address of lien claimant; (2) description of property sufficient to identify it; (3) name of contracting owner; (4) name and address of party with whom lien claimant contracted with; (5) description of services/materials furnished; (6) amount unpaid; (7) date of first and last furnishing of labor/material; and (8) declaration that notice of right to claim was provided to contracting owner or why such notice was not required. Strict compliance in meeting the above requirements; however, once procedure complete, liberal construction of instrument as to give it intended effect. GenElec. Supply Co., Div. of Gen. Elec. Co. v. Bennett, 192 Mont. 110,113, 626 P.2d 844, 846 (1981) MT CODE § 71-3-535 NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN MONTANA MONTANA