Montana Code Annotated
Part 5. Construction Liens
71-3-522. Definitions

71-3-522. Definitions. As used in this part, the following definitions apply:
(1) "Commencement of work" means the date of the first visible change in the physical condition of the real estate caused by the first person furnishing services or materials pursuant to a particular real estate improvement contract.
(2) "Construction lien" or "lien" means a lien against real estate arising under this part.
(3) (a) "Contract price" means the amount agreed upon by the contracting parties for performing services and furnishing materials covered by the contract, increased or diminished by:
(i) the price of change orders or extras;
(ii) any amounts attributable to altered specifications; or
(iii) a breach of contract, including but not limited to defects in workmanship or materials.
(b) If a price is not agreed upon by the contracting parties, the contract price means the reasonable value of all services or materials covered by the contract.
(4) (a) "Contracting owner" means a person who owns an interest in real estate and who, personally or through an agent, enters into an express or implied contract for the improvement of the real estate.
(b) For the purpose of determining whether a person is a contracting owner, agency is presumed, in the absence of clear and convincing evidence to the contrary:
(i) between employer and employee;
(ii) between spouses;
(iii) between joint tenants; and
(iv) among tenants in common.
(5) "Original contractor" means a contractor who contracts directly with the contracting owner.
(6) (a) "Real estate improvement contract" means an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of the real estate, including:
(i) alteration of the surface by excavation, fill, change in grade, or change in a shore, bank, or flood plain of a stream, swamp, or body of water;
(ii) construction or installation on, above, or below the surface of land;
(iii) demolition, repair, remodeling, or removal of a structure previously constructed or installed;
(iv) seeding, sodding, or other landscape operation;
(v) surface or subsurface testing, boring, or analysis; and
(vi) preparation of plans, surveys, or architectural or engineering plans or drawings for any change in the physical condition of the real estate, regardless of whether they are used to produce a change in the physical condition of the real estate.
(b) For the purpose of claiming a construction lien, a real estate improvement contract does not include:
(i) a contract for the mining or removal of timber, minerals, gravel, soil, sod, or things growing on the land or a similar contract in which the activity is primarily for the purpose of making the materials available for sale or use; or
(ii) a contract for the planting, cultivation, or harvesting of crops or for the preparation of the soil for the planting of crops.
History: En. Sec. 2, Ch. 202, L. 1987; amd. Sec. 1, Ch. 293, L. 2007.

Structure Montana Code Annotated

Montana Code Annotated

Title 71. Mortgages, Pledges, and Liens

Chapter 3. Liens

Part 5. Construction Liens

71-3-501. Repealed

71-3-502. Repealed

71-3-503. Repealed

71-3-504. Renumbered 71-3-561

71-3-505. Renumbered 71-3-562

71-3-506. through 71-3-510 reserved

71-3-511. Repealed

71-3-512. Renumbered 71-3-533

71-3-513. Renumbered 71-3-534

71-3-514. Repealed

71-3-515. Renumbered 71-3-537

71-3-516. Renumbered 71-3-551

71-3-517. Renumbered 71-3-552

71-3-518. Renumbered 71-3-553

71-3-519. Renumbered 71-3-563

71-3-520. reserved

71-3-521. Scope

71-3-522. Definitions

71-3-523. Who may claim construction lien -- limitation

71-3-524. Limitation of lien for materials supplied

71-3-525. Extent of lien

71-3-526. Amount of lien

71-3-527. through 71-3-530 reserved

71-3-531. Notice of right to claim lien required -- exceptions

71-3-532. Content of notice of right to claim lien

71-3-533. Notice of completion

71-3-534. Filing with county clerk -- notification of owner

71-3-535. Attachment of lien -- filing

71-3-536. Content of lien notice

71-3-537. Acknowledgment of satisfaction of lien -- penalty

71-3-538. Release of notice of right to claim lien

71-3-539. and 71-3-540 reserved

71-3-541. Priority among holders of construction liens

71-3-542. Priority of construction liens as against claims other than construction lien claims

71-3-543. through 71-3-550 reserved

71-3-551. Substitution of bond allowed -- filing -- amount -- condition

71-3-552. Lien discharged upon filing of bond

71-3-553. Action upon bond -- period of limitation same

71-3-554. through 71-3-560 reserved

71-3-561. Parties

71-3-562. Limitation on actions

71-3-563. Rules of practice

71-3-564. Arbitration of lien disputes