Mont. Code Anno., § 70-19-427 states that the claimant shall serve written notice of claim on the construction professional prior to commencing an action against a construction professional for a construction defect.  The notice of claim must state that the claimant asserts a construction defect claim against the construction professional and must describe the general nature of the defect.  If a written notice of claim is served within the time prescribed for the filing of an action, the statute of limitations for construction defect claims is tolled.  The construction professional shall serve a written response on the claimant within 21 days after service of the notice of claim.  The written response must:

• propose to inspect the residence that is the subject of the claim and to complete the inspection within a specified timeframe.  The proposal must include the statement that the construction professional shall offer to remedy the defect, compromise by payment, or dispute the claim based on the inspection;
• offer to compromise and settle the claim by monetary payment without inspection; or
• state that the construction professional disputes the claim and will neither remedy the construction defect nor compromise and settle the claim.

If the construction professional disputes the claim or does not respond to the claimant’s notice of claim within the time, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.  If the claimant rejects the inspection proposal or the settlement offer made by the construction professional, the claimant shall serve written notice of the claimant’s rejection on the construction professional.  After service of the notice of rejection, the claimant may bring an action against the construction professional for the construction defect claim.  If the construction professional has not received from the claimant, within 30 days after the claimant’s receipt of the construction professional’s response, the construction professional may terminate the proposal or offer by serving written notice on the claimant.  After service, the claimant may bring an action against the construction professional for the construction defect claim.  If the claimant elects to allow the construction professional to inspect in accordance with the construction professional’s proposal, the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant’s residence.

Within 14 days following completion of the inspection, the construction professional shall serve on the claimant:

• a written offer to remedy the construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction necessary to remedy the defect described in the claim, and a timetable for the completion of the construction;
• a written offer to compromise and settle the claim by monetary payment;
• a written offer to remedy the claim through a combination of repair and monetary payment pursuant to subsection; or
• a written statement setting forth the reasons why the construction professional will not proceed further to remedy the alleged defect.

If the construction professional does not proceed further to remedy the alleged construction defect within the agreed-upon time or if the construction professional fails to comply with the statutory provisions, the claimant may bring an action against the construction professional without further notice.  If the claimant rejects the offer made by the construction professional to either remedy the construction defect or to compromise and settle the claim by monetary payment, the claimant shall serve written notice of the claimant’s rejection on the construction professional.  After service of the rejection notice, the claimant may bring an action against the construction professional for the construction defect claim.  If the construction professional has not received from the claimant, within 30 days after the claimant’s receipt of the construction professional’s response, either an acceptance or rejection of the offer, the construction professional may terminate the offer by serving written notice on the claimant.  Any claimant accepting the offer of a construction professional to remedy the construction defect shall serve the construction professional with a written notice of acceptance within 30 days after receipt of the offer.  The claimant shall provide the construction professional and its contractors reasonable access to the claimant’s residence during normal working hours to perform and complete the construction.