Swain v. Battershell

In Swain v. Battershell (1999) 294 Mont. 282, 983 P.2d 873, an unpaid subcontractor filed a construction lien against real property, mistakenly naming the general contractor as the contracting owner, based upon the general contractor's misrepresentation that he owned the property. Even though the general contractor did, in fact, later acquire an ownership interest in the property, the Montana Supreme Court ruled that the error was fatal. In so holding, the Court stated: The purpose of these procedural requirements is to impart notice to the owner of real property that a lien has been filed against his or her property, and to protect all parties dealing with the property, including subsequent purchasers. (Citations omitted.) This Court has consistently held that the procedural requirements of construction lien statutes will be strictly construed, but that once the procedure has been fulfilled, the statutes will be liberally construed so as to give effect to their remedial purpose. (Swain, 983 P.2d at 878-79.)