Whitefish, MT asked in Real Estate Law and Construction Law for Montana

Q: I did work on a commercial property. Owner is not paying

Owner took out a loan on his personal residence to help pay for the construction on commercial property. Can I lien the home as well as the commercial property?

2 Lawyer Answers
Anthony M. Avery
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A: You will need a MT attorney on this. Your materialman's lien would be filed only against the work you did on the commercial property. However you might be able to file the M & M Lien, then sue the customer for breach of contract. However defendant will argue you that an election of remedies was made, and in any event, you can only recover once.

T. Augustus Claus
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A: n Montana, mechanics' liens are primarily placed on the property where the work was performed or materials supplied. If you worked on a commercial property, you can place a lien on that property if unpaid. The fact that the owner used a loan from his personal residence to fund the commercial project doesn't directly allow you to place a lien on his home. It's essential to follow Montana's specific guidelines for mechanics' liens.

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