Storm contractor rules in Montana: construction contractor licence, personal solicitation sales and consumer protection fines

This page reports what the official source says. It is not legal advice: ask the office named here. The wider picture is on the storm contractor rules page. Every row is statute text from the 2025 code. None of the sections names tree work, and no official page on a Montana price gouging rule was read for this page on October 9, 2026.

The sections in one table

Section	What it says
37-45-102, construction contractor	A person, firm or corporation that offers, undertakes or bids, as an independent business, to build, change, repair, move, wreck or demolish for another a building, road, excavation or other structure or improvement attached to real estate, including floor covering, scaffolding, roofing or siding. In the chapter, the department means the Department of Labor and Industry
37-45-201, licence required	Neither an individual nor a business entity may do business as a construction contractor without a licence from the department. The licence must include the Social Security number, proof of workers' compensation compliance, the employer identification number, if any, and the names and addresses of partners, officers, members or the registered agent
37-45-104, exemptions	Among 24 listed exemptions: one project whose total contract price for labor and materials is under US$2,500 (not when it is part of a larger operation or split to evade the chapter), a farmer or rancher in a horticulture or other farm operation, an operation related to clearing or other land work in rural districts for fire prevention, a logging contractor building forest access roads, an owner working on the owner's property, an employee paid only wages, and an independent contractor with no employees, who may elect to register
37-45-203, fees	Each applicant pays an application fee established by the department. The department runs an education program on licensing requirements with building industry stakeholders. Fines collected go to the uninsured employers' fund
37-45-301, unprofessional conduct	Includes fraud, misrepresentation, deception or concealment of a material fact in advertising or in a contract, misappropriating client funds, interfering with an investigation, misclassifying independent contractors, and failing to comply with workers' compensation, unemployment insurance and wage payment laws
37-45-302, penalty	A determination of unprofessional conduct subjects the person to a penalty of up to US$5,000, as determined by the department, and a suspension or debarment of rights to public works contracts, in addition to the penalties in section 37-1-406
30-14-502, personal solicitation sale	A purchase following a seller's contact by telephone or in person away from the seller's place of business, where the buyer must give more than US$25 in cash or credit. Excluded: sales where the buyer already knew the seller, business and goods, sales where the buyer started the contact, and sales of more than US$5,000 of goods or services not primarily for personal, family or household purposes
30-14-503, disclosure	At first contact the seller states their name, the business they represent and the kinds of goods or services, and for an in-person contact shows an identification card. Failure may draw a civil fine of up to US$1,000 for each violation
30-14-504 and 30-14-505	The buyer may cancel until midnight of the third business day after signing, and for a telephone sale at any time before signing. A mailed notice counts when mailed. The seller gives a notice in at least 10-point boldface type headed YOU MAY CANCEL THIS SALE WITHIN THREE BUSINESS DAYS, or the federal trade commission door-to-door statement. Until the seller complies, the buyer may cancel by any means
30-14-506 and 30-14-508	Within 10 days after cancellation the seller returns payments. A seller who refuses is liable for the entire downpayment, and a successful buyer is awarded US$500 plus reasonable attorney fees and costs. A violation of the part is a violation of the Consumer Protection Act
30-14-103, unlawful practices	Unfair competition and unfair or deceptive practices in trade or commerce are unlawful
30-14-142, penalties	A willful violation allows the department to recover a civil fine of not more than US$10,000 for each violation, and violating an injunction carries the same limit. A fraudulent course of conduct on conviction carries a fine of not more than US$5,000, imprisonment of not more than one year, or both

Where the contractor rules sit

The 2025 code table of contents shows title 39, chapter 9, headed Contractor Registration, as renumbered and repealed, with section 39-9-211 renumbered 37-45-104 and section 39-9-205 renumbered 37-45-205. The history line under 37-45-102 reads "En. Sec. 2, Ch. 644, L. 2025". The definition lists structures and improvements attached to real estate and does not name trees, so whether a tree company is a construction contractor under it is a question for the Montana Department of Labor and Industry. The fee amount is set by the department and the statute gives no figure.

Personal solicitation sales and storm work

Part 5 applies to telephone and in-person contacts and carves out sales the buyer started. How a storm-damaged tree fits is a question for the state office that enforces the Consumer Protection Act. For how other states treat tree work, see contractor licences for tree work. The scam warnings that attorneys general issue after storms are on the storm tree scams page.

Storm contractor rules in Montana: construction contractor licence, personal solicitation sales and consumer protection fines

The sections in one table

Where the contractor rules sit

Personal solicitation sales and storm work

Sources