Artisan Lien/Mechanic Lien

"Montana does not have statuory language related to artisan liens or mechanics liens. Instead, these liens are covered under construction liens.

A contruction lien creates and provides for the attachment and enforceability of a construction lien against real estate in favor of a person furnishing services or materials under a real estate improvement contract. (MCA 71-3-521) A person who furnishes services or materials pursuant to a real estate improvement contract may claim a construction lien, only to the extent provided in this part, to secure the payment of the person's contract price. (MCA 71-3-523) A lien for furnishing materials arises only if: the materials are supplied with the intent that they be used in the course of construction of or incorporated into the improvement in connection with which the lien arises; and the intent may be shown by a contract of sale, by a delivery order, by delivery to the site by the lien claimant or at the lien claimant's direction, or by other evidence; and the materials are: incorporated in the improvement or consumed as normal wastage in construction operations; specifically fabricated for incorporation into the improvement and not readily resalable in the ordinary course of the fabricator's business, even though the materials are not actually incorporated into the improvement; used for the construction or operation of machinery or equipment used in the course of construction and not remaining in the improvement, subject to diminution by the salvage value of those materials; or tools, appliances, or machinery used on the particular improvement. However, a lien for supplying tools, appliances, or machinery used on the improvement is limited. (MCA 71-3-524)"