 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Burns v. A Cash Construction Lien Bond8/24/2000
atutes are strictly enforced, the Burnses' argument necessarily assumes that the timeliness of a lien is not a procedural requirement. Compare Swain v. Battershell, 1999 MT 101, 26, 294 Mont. 282, 26, 983 P.2d 873, 26 (concluding " his Court has consistently held that the procedural requirements of construction lien statutes will be strictly construed").
The Burnses are mistaken; ยง 71-3-535, MCA's ninety-day filing requirement is an express procedure that claimants must follow to establish valid liens.
36 The Burnses failed to satisfy the procedural requirement that their liens be timely filed. Having failed to establish the validity of their liens, they cannot avail themselves of the remedial purpose of the construction lien statutes.
37 The judgment of the District Court is Affirmed.
W. WILLIAM LEAPHART
We concur:
JAMES C. NELSON
JIM REGNIER
TERRY N. TRIEWEILER
KARLA M. GRAY
Page 1 2 3 4 5 6 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|