Laborers and materials suppliers, and those renting tools, appliances or machinery, to owner, general, or sub, as long as the claimant is acting pursuant to a real estate improvement contract. It is not clear if furnishing to anyone more remote than a first-tier subcontractor will be protected. There is support for coverage beyond the first tier, and even for suppliers to suppliers. [71-3-523, 71-3-531; Duignan v. Montana Club, 40 P. 294 (1895)]
Laborers, materials suppliers, etc. to at least the general or 1 st -tier sub, and possibly more remote subs as well. Apparently suppliers to suppliers do have lien rights. [18-2-201, 28-2-2101; Robintech, Inc. v. White & McNeil Excavating, Inc., 709 P.2d 631, 218 Mont. 404 (1985)]
Improvement and the lot or tract it is on.
Note that there are now rules regarding billing practices, timely payment, interest, termination and related matters, which rights are in addition to, not instead of, lien rights. [71-3-525; 28-2-2101 et seq.]
Payment and performance bond. [18-2-201] If the governmental entity fails to obtain the bond or security, the governmental entity is liable to the claimants. [18-2-202] Note that there are now rules regarding billing practices, timely payment, interest, termination and related matters, which rights are in addition to, not instead of, rights against the bond. [28-2-2101 et seq.]
All claimants EXCEPT the following:
-Those who only furnish labor, to a contractor
-Furnishers of services or materials directly to owner
-Furnishers of services or materials to residential project for five or more families, pursuant to a real estate improvement contract.
-Furnishers of services or materials to project pursuant to a real estate improvement contract, where the improvement is wholly or partially commercial. NOTE that installation of a road and laying of utilities at the outset of construction of a residential development may be considered commercial rather than residential. [71-3-531; JTL Group, Inc. v. New Outlook, LLP, 355 Mont. 1, 223 P.3d 912 (Mont.,2010)] NOTE, HOWEVER, that while a preliminary notice may not be required on a commercial project, it is strongly recommended that one be given in every case.
NOTE that if a subcontractor has not been paid, the sub may give the owner a written request for notification of any subsequent payments the owner makes. If this written request is given, then the owner is required to notify the subcontractor of a progress payment or final payment given to the general contractor. There are no specific time, content or delivery specifications set out for this notice. [28-2-2103]
NOTE that where the claimant is paid for the services or materials that are the subject of the preliminary notice, the claimant must file a release of the notice. If the payment is pursuant to a real estate improvement contract, the claimant must release the claim within 5 business days of the contracting owner’s request that the release be filed. The release must include the clerk and recorder’s file number of the preliminary notice, the date the notice was filed, and the name of the person to whom the notice was given. In addition, the release must be signed by the person who filed the preliminary notice, or someone authorized to sign on that person’s behalf. [71-3-538]
All suppliers of materials to subcontractors. [18-2-206]