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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 years; 10-year statute of reposeMont. Code Ann. §§ 27-2-204, 27-2-208

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 Construction Right-to-RepairMont. Code Ann. § 70-19-427

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.

Mechanics' LiensMont. Code Ann. § 71-3-521 et seq.

Contractors, subcontractors, laborers, and suppliers may file liens against improved real property. Filing deadline: 90 days from last furnishing.

Implied Warranty of Habitability (New Construction)Montana common law; Chandler v. Madsen, 197 Mont. 234 (1982)

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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