Terms Used In Montana Code > Title 71 > Chapter 3 > Part 5 - Construction Liens

• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Commencement of work: means the date of the first visible change in the physical condition of the real estate caused by the first person furnishing services or materials pursuant to a particular real estate improvement contract. See Montana Code 71-3-522
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contract price: means the amount agreed upon by the contracting parties for performing services and furnishing materials covered by the contract, increased or diminished by:

  (i)the price of change orders or extras;

  (ii)any amounts attributable to altered specifications; or

  (iii)a breach of contract, including but not limited to defects in workmanship or materials. See Montana Code 71-3-522

• Contracting owner: means a person who owns an interest in real estate and who, personally or through an agent, enters into an express or implied contract for the improvement of the real estate. See Montana Code 71-3-522
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• lien: means a lien against real estate arising under this part. See Montana Code 71-3-522
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Original contractor: means a contractor who contracts directly with the contracting owner. See Montana Code 71-3-522
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Property: means real and personal property. See Montana Code 1-1-205
• Real estate improvement contract: means an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of the real estate, including:

  (i)alteration of the surface by excavation, fill, change in grade, or change in a shore, bank, or flood plain of a stream, swamp, or body of water;

  (ii)construction or installation on, above, or below the surface of land;

  (iii)demolition, repair, remodeling, or removal of a structure previously constructed or installed;

  (iv)seeding, sodding, or other landscape operation;

  (v)surface or subsurface testing, boring, or analysis; and

  (vi)preparation of plans, surveys, or architectural or engineering plans or drawings for any change in the physical condition of the real estate, regardless of whether they are used to produce a change in the physical condition of the real estate. See Montana Code 71-3-522

• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Writing: includes printing. See Montana Code 1-1-203