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Can I file an Notice of Right to Claim a Lien before the job starts?

I am looking through guidelines for Montana, and they all state a Notice of Right to Claim a Lien must be filed within 20 days of the first date labor/materials are provided. We will be starting a job on February 3, but I want to file the NORTCL as soon as I can. Am I able to go ahead and order this or would it be rejected if I chose to file the NORTCL prior to February 3 when the job begins?

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Jan 27, 2020

The Montana Notice of Right to Claim Lien (NORTCL) service requirements are regulated by Mont. Code §71-3-531. The specific language states, "the notice may not be given later than 20 days after the date on which the services or materials are first furnished to the contract owner." Given the language, it would appear that notice can be given any time up until that point to secure full mechanics lien rights. However, this issue has yet to be dealt with by the MT courts. It may not hurt to send it early, but its validity may get called into question down the road. And additionally, the notice is considered "delivered" when deposited in the mail by the proper means. Best practice? Send out the notice to the owner (by certified mail, return receipt requested) the first date labor or materials are provided to the project. In addition to this, don't forget that the notice must also be filed with the clerk and recorder of the county where the project is located within 5 days of sending notice to the owner. Here is a list of all the MT county recorders' offices. Here are some additional resources you may find helpful:

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