Montana Lien Waiver Forms — Generate in 60 Seconds
Generate Montana-compliant lien waivers using industry-standard templates. Montana doesn't prescribe statutory form language, but MCA Section 28-2-723 explicitly prohibits requiring waiver of lien rights before payment. All four waiver types available with free preview.
Which Type Do You Need?
Montana uses the standard 4-type framework with custom (non-statutory) forms. The key Montana distinction: Section 28-2-723 prohibits construction contracts from requiring lien right waivers before the contractor, subcontractor, or material supplier has been paid. This means conditional waivers are your primary protection on progress payments.
Decision Tree
Generate Your Montana Lien Waiver
Generate waivers regularly?
Create a free account to save your waivers, track projects, and manage contacts.
Sign Up FreeMontana Lien Waiver Rules at a Glance
No mandatory statutory form
Montana does not prescribe specific lien waiver form language. Waivers follow general contract law principles, giving parties flexibility in format and content.
Advance waivers prohibited
Section 28-2-723 prohibits contracts from requiring waiver of lien or bond claim rights before the contractor, sub, or supplier has been paid.
Notarization NOT required
Montana lien waivers don't need to be notarized. A signed waiver exchanged for payment is enforceable without a notary.
5% retainage cap
Both public (Section 18-2-316) and private (Section 28-2-2110) projects capped at 5%. Contractor may not withhold more from a sub than the owner withholds from the contractor.
20-day preliminary notice
Non-prime contractors must serve a Notice of Right to Claim Lien within 20 days of first furnishing (Section 71-3-531). Late notice limits the lien to work within 20 days before notice was given.
90-day lien filing deadline
Lien claims must be filed within 90 days after last furnishing labor or materials, or after the owner files a Notice of Completion (Section 71-3-535).
Montana Lien Waiver Legal Requirements
Montana does not have mandatory statutory lien waiver forms. Lien waivers are governed by general contract law, which gives parties flexibility in form and language. Montana's Construction Lien Law (MCA Title 71, Chapter 3, Part 5, Sections 71-3-521 through 71-3-564) governs mechanics liens, but the statutes are silent on waiver form requirements. The most important Montana-specific protection for contractors and subs: Section 28-2-723 (enacted 1999) prohibits construction contracts from requiring waiver of the right to a construction lien or a claim against a payment bond before the contractor, subcontractor, or material supplier has been paid. This is a statutory advance waiver prohibition — unlike states that rely on case law, Montana puts it directly in the code. Montana also has a robust prompt payment framework under MCA Title 28, Chapter 2, Part 21, requiring owners to pay contractors within 7 days of approving a payment request, and contractors to pay subs within 7 days of receiving payment from above.
Montana Conditional Progress Waiver
What It Is
Custom template waiving lien rights for a progress payment, conditioned on receipt and clearance of payment. Enforceable as a contract under Montana law.
When to Use
When exchanging a waiver for a progress payment you haven't received yet or that hasn't cleared.
Key Legal Points
- No statutory form — our template follows Montana contract law requirements and industry best practices.
- Conditional on payment clearance — protects you if the check bounces.
- Section 28-2-723 backs you up: no contract can require you to waive lien rights before payment.
- Covers only the specified progress payment period — retainage and future work excluded.
- Montana's 20-day preliminary notice (Section 71-3-531) is a separate requirement that must be met independently to preserve full lien rights.
Tips
- Specify the exact payment amount and period covered. Montana courts apply general contract interpretation rules to lien waivers.
- Keep copies of all waivers alongside payment records. If the check bounces, the conditional waiver never takes effect.
- Montana's 5% retainage cap applies — make sure the progress payment reflects the correct withholding (Section 28-2-2110).
Montana Unconditional Progress Waiver
What It Is
Immediately and irrevocably waives lien rights for the specified progress payment amount upon signing. No conditions — effective the moment you sign.
When to Use
Only after you've received the progress payment and it has cleared your bank.
Key Legal Points
- Effective immediately upon signing — no recourse if payment fails after signing.
- Section 28-2-723 prohibits contracts from requiring lien waivers before payment, but doesn't prevent voluntary signing of an unconditional waiver.
- Covers only the specified progress payment — retainage and future work excluded.
- Once signed, you cannot reclaim lien rights for the covered amount, even if a payment dispute arises later.
- The payment itself provides the contractual consideration that makes this waiver enforceable.
Warning
If a GC pressures you to sign an unconditional waiver before payment clears, point to Section 28-2-723 — the contract cannot require this. Offer a conditional waiver instead.
Tips
- Confirm the check has cleared your bank before signing. Once signed, this waiver is permanent for the covered amount.
- Document the payment date and cleared amount. Keep bank records alongside the signed waiver.
Montana Conditional Final Waiver
What It Is
Waives all remaining lien rights for the entire project, conditioned on receipt and clearance of final payment including retainage.
When to Use
When requesting final payment (including retainage) and you want protection until the check clears.
Key Legal Points
- Covers ALL remaining work and lien rights for the entire project.
- Conditional on final payment clearing — if the check bounces, the waiver never takes effect.
- Should explicitly include retainage. Montana caps retainage at 5% (Sections 18-2-316 and 28-2-2110).
- The final payment provides the contractual consideration required under Montana law.
- Once payment clears, all lien rights are permanently waived.
Tips
- Verify the final payment amount includes all retainage. Montana law caps retainage at 5% on both public and private projects.
- Montana's prompt payment law (Section 28-2-2103) requires owners to pay contractors within 7 days of approval. If retainage is being held past completion, you have statutory recourse.
Montana Unconditional Final Waiver
What It Is
Complete and permanent release of ALL lien rights for the entire project. Effective immediately upon signing.
When to Use
Only after ALL payment — including final payment and all retainage — has been received and cleared.
Key Legal Points
- Most consequential Montana waiver form — releases everything, permanently.
- Effective immediately. No recall, no conditions.
- Section 28-2-723 prohibits contracts from requiring this before payment, but it doesn't void the waiver if you sign voluntarily.
- Your subs and suppliers may still have independent lien rights unless they've signed their own waivers.
- Once signed, your 90-day lien filing deadline (Section 71-3-535) becomes irrelevant — you've waived the right entirely.
Warning
Do not sign with any amounts outstanding. Once you sign an unconditional final waiver in Montana, your lien rights are gone — period. If disputes remain, use a conditional final instead and resolve them separately.
Tips
- This is the final, complete release. Verify every dollar — including all retainage — before signing.
- If disputes remain, use a conditional final instead and resolve separately.
Common Montana Lien Waiver Mistakes
- 1
Missing the 20-day preliminary notice deadline
Non-prime contractors in Montana must serve a Notice of Right to Claim Lien within 20 days of first furnishing labor or materials (Section 71-3-531). Miss this deadline and your lien is limited to work performed within the 20 days before you actually served notice. File it with the county clerk and recorder within 5 business days of serving the owner.
- 2
Signing an unconditional waiver before payment clears
Section 28-2-723 prohibits contracts from requiring lien waivers before payment, but it doesn't automatically void a waiver you voluntarily signed too early. If a GC pressures you, cite the statute and offer a conditional waiver instead.
- 3
Not renewing the preliminary notice annually
Montana's Notice of Right to Claim Lien expires after 1 year from filing (Section 71-3-531). On long-duration projects, you must file a 1-year continuation before the original notice lapses. If it expires and you haven't filed a lien, you lose your lien rights for work during the lapsed period.
- 4
Accepting retainage above the 5% cap
Montana caps retainage at 5% on both public (Section 18-2-316) and private (Section 28-2-2110) projects. The contractor may not withhold a higher percentage from a sub than what the owner withholds from the contractor. If your GC is holding more than 5%, push back — the law is on your side.
- 5
Missing the 90-day lien filing deadline
Mechanics lien claims must be filed within 90 days after last furnishing labor or materials (Section 71-3-535). The clock also starts if the owner files a Notice of Completion. Miss this window and your lien rights are gone — no extensions. You then have 2 years from filing to commence a foreclosure action (Section 71-3-562).
Montana Lien Waiver FAQ
Does Montana require statutory lien waiver forms?
Do lien waivers need to be notarized in Montana?
What's the difference between a conditional and unconditional lien waiver in Montana?
Can I be required to waive lien rights before payment in Montana?
What is Montana's preliminary notice requirement?
What is Montana's lien filing deadline?
What is Montana's retainage cap?
Does a progress waiver cover retainage in Montana?
What happens if my preliminary notice expires on a long project?
Is a Montana lien waiver the same as a lien release?
Lien Waiver Guides & Resources
Lien Waivers Meet QuickBooks Online: Automatic Sync for GCs
LienWaiver.pro now syncs lien waivers directly with QuickBooks Online. Generate waivers from QBO bills, track them, and attach signed PDFs back to the bill.
7 min read
Conditional vs Unconditional Lien Waiver: Which One Should You Sign?
Sign conditional waivers before payment clears, unconditional after. Here's the difference and why it matters.
10 min read
How to Fill Out a Lien Waiver Form: A Step-by-Step Guide
A lien waiver has 8-12 fields. Here's what goes in each one, common mistakes that invalidate waivers, and how to avoid signing away more than you should.
10 min read
Do Lien Waivers Need to Be Notarized? A State-by-State Guide
Only 2 states require notarized lien waivers by law. In California, notarization may actually invalidate your waiver. Here's what you need to know.
9 min read
Lien Waiver Forms for Other States
* = mandatory statutory form language required