Montana law
Construction Defect Laws in Montana.
Montana construction defect claims are governed by a 3-year statute of limitations for property damage claims and a 10-year statute of repose from substantial completion. Montana has adopted a construction defect Right-to-Repair Notice Act requiring pre-suit notice and opportunity to repair for claims against contractors. Mechanics' liens provide security for contractor payment claims. Montana also recognizes implied warranty of habitability for new residential construction.
Last verified: 2026-04-17
State law
Statute of Limitations
3-year general statute for property damage applies. 10-year statute of repose bars action against a design professional or contractor more than 10 years after substantial completion.
State law
Key Montana Statutes
Residential homeowners must provide written notice of defects and opportunity to repair at least 60 days before filing suit. The contractor may inspect and make a written offer to repair or pay.
Contractors, subcontractors, laborers, and suppliers may file liens against improved real property. Filing deadline: 90 days from last furnishing.
New-home builders impliedly warrant that the home is reasonably fit for habitation. Warranty may extend to subsequent purchasers.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Montana.
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