September 09, 2010
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Penalties for using an illegal construction contract in Montana:
  • Failure to make statutory disclosures forfeits the benefits offered by Montana's Right to Repair Act.
  • Any contract term which does not comply with Montana's Prompt Payment Act is void and unenforceable.
  • Omitting the notice required by Montana Code Section 28-2-2115 voids any payment schedule which deviates from the statutory plan.
  • Any contract clause which attempts to alter Montana's statute of limitations is void under Montana Code Section 28-2-708.
  • Any choice of law or choice of venue which does not comply with Montana Code Section 28-2-2116 is void and unenforceable.
  • Any clause in a contract which requires waiver of lien rights is void and unenforceable under Montana Code Section 28-2-723.
  • Any contract provision on liquidated damages which does not comply with Montana Code Section 28-2-721 is void.
  • Failure to make federal truth in lending disclosures requires restitution of the overcharge and makes the creditor liable for the debtor's attorney fees.
  • Failure to include the disclosures required by 12 Code of Federal Regulations Section 226.15 extends the right of rescission to three years (rather than three days).
  • Omitting insulation disclosures required by 16 Code of Federal Regulations Section 460 can result in an $11,000 fine.
The contracts linked below will help Montana contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Montana and federal court decisions.

Montana Construction Contracts Available Now
Title Bias Contract Type Page Length
MT Commercial Construction I Light bias in favor of the contractor. Prime 37
MT Commercial Construction II Light bias in favor of the owner. Prime 16
MT Commercial Repair Neutral. Prime 21
MT Commercial Subcontract I Light bias in favor of the subcontractor. Subcontract 33
MT Commercial Subcontract II Light bias in favor of the contractor. Subcontract 17
MT Custom Home I Light bias in favor of the contractor. Prime 20
MT Custom Home II Light bias in favor of the owner. Prime 27
MT Home Improvement I Moderate bias in favor of the contractor. Prime 27
MT Home Improvement II Moderately favors the owner. Prime 31
MT Home Repair I Heavy bias in favor of the contractor. Prime 11
MT Home Repair II Heavy bias in favor of the owner. Prime 19
MT Pool Neutral. Prime 20
MT Public Works Subcontract Moderate bias in favor of the contractor. Subcontract 37
MT Residential Subcontract I Light bias in favor of the subcontractor. Subcontract 16
MT Residential Subcontract II Light bias in favor of the contractor. Subcontract 21
MT Tenant Improvement Neutral. Prime 16