Mechanic's Liens in Montana & Texas

If you performed work on a property and weren't paid, the law gives you a claim against the property itself. A mechanic's lien — Montana's statute calls it a construction lien — turns an unpaid invoice into a security interest in the real estate you improved. It is the single most effective collection tool in construction, and the most procedurally unforgiving: miss a notice or a filing deadline and the right is gone, no matter how clearly you are owed the money.

Meyer | Shumrick handles lien work from both sides. We perfect and enforce liens for contractors, subcontractors, and suppliers who haven't been paid — and we defend homeowners, HOAs, and property owners when a lien lands on their title, which happens with striking regularity in the middle of a defect dispute.

Why a lien works

A recorded lien clouds the property's title. Until it is resolved, the owner will struggle to sell, refinance, or draw on construction financing — which means a valid lien gets a stalled conversation about payment moving again. If payment still doesn't come, the lien can be foreclosed and the property sold to satisfy the debt. In Montana, the prevailing party in a lien enforcement action can also recover attorney fees — which changes the settlement math for everyone involved.

Montana construction liens

Montana's construction lien statutes live in Title 71, chapter 3 of the Montana Code Annotated. Anyone furnishing services or materials under a real estate improvement contract may claim a lien to secure payment for their contracted work — but the statute front-loads the procedure. Depending on your role on the project, preserving the lien may require giving a notice of the right to claim a lien early on, long before anyone is thinking about nonpayment.

The two deadlines that end most Montana lien rights: the lien must be filed within 90 days of your last work or materials on the project (or the owner's notice of completion, if earlier), and once filed, a foreclosure action must be commenced within two years. Both clocks are hard stops. Neither pauses because negotiations are ongoing.

Texas mechanic's liens

Texas lien law — Chapter 53 of the Texas Property Code — is a different machine entirely, built around monthly notices. Subcontractors and suppliers preserve their rights by sending statutory notices keyed to the 15th day of the months after unpaid work, then filing a lien affidavit with the county clerk by another 15th-of-the-month deadline that depends on the project type. Residential projects run on shorter timelines than commercial ones, and the window to file suit and foreclose a Texas lien is measured in months, not years. If you are working Texas projects, the safe assumption is that a notice is due next month.

For contractors, subcontractors, and suppliers

• Evaluating whether you hold valid lien rights, and for how much
• Preparing and recording lien claims that survive scrutiny — accurate amounts, correct property descriptions, proper notice
• Enforcing liens through foreclosure litigation when payment doesn't come
• Payment-bond claims on projects where a lien isn't available

For owners and HOAs

Liens get used as leverage, and not always honestly. We defend property owners and associations against liens that are inflated, filed late, or filed by a contractor whose own defective work is the reason payment stopped. A lien filed mid-dispute does not convert bad work into a debt — and an invalid lien can often be removed, bonded around, or turned against the claimant who filed it. If a lien has appeared on your title in the middle of a defect fight, bring it to us with the rest of the case; the two are usually one dispute.

Whichever side of the lien you are on, timing decides most of it. We will review the project, tell you exactly which deadlines apply, and move before they pass.

Discuss your case — or call (406) 219-8422 / email meyer@meyerconstructionlaw.com.