Mechanics liens

Vermont mechanics lien law and deadlines

In Vermont a lien lapses 180 days after payment came due for your last labor or materials unless you record a memorandum with the town clerk, and you then have 180 days to start a lawsuit and attach the property. Subs and suppliers also need to give the owner written notice that they will claim a lien.

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Vermont's mechanics lien law is short: Subchapter 1 of Chapter 51 of Title 9, sections 1921 to 1928. It has two clocks, and both are 180 days. Under 9 V.S.A. § 1921(c), the lien does not survive more than 180 days from when payment became due for the last labor or materials unless a notice of lien is filed in the town clerk's office. Under § 1924, the claimant then has 180 days from filing (or from when payment comes due, if it was not yet due at filing) to start a lawsuit and attach the property. Note that the clock runs from the payment due date, not your last day on site, so your contract's payment terms matter.

Vermont lien deadlines at a glance (9 V.S.A. Chapter 51, Subchapter 1)
StepDeadline or ruleSection
Written notice to owner (subs and suppliers)No fixed deadline; the lien reaches only the contract price still unpaid when the owner receives it§ 1921(b)
Record memorandum of lienWithin 180 days from when payment became due for the last labor or materials§ 1921(c), § 1923
Where to recordTown clerk's office of the town where the property is located§ 1923
Lawsuit with attachmentWithin 180 days after filing the memorandum, or after payment comes due if not yet due at filing§ 1924
Record judgmentWithin 5 months after judgment, record a certified copy with the town clerk to foreclose§ 1925
Advance waiverNot enforceable§ 1921(f)

Who has lien rights in Vermont

Section 1921(a) gives a lien to anyone who, under a written or oral contract, erects, repairs, moves, or alters improvements to real property, or furnishes labor or material for that work. The lien covers the improvements and the lot they stand on. Under § 1921(b), a person working under a contract with the owner's agent, contractor, or subcontractor (subs, sub-subs, and suppliers) also has a lien, but only by giving the owner (or the owner's agent in charge of the property) written notice that it will claim one. The statute does not separately address architects or engineers, so design professionals should get advice before relying on a lien.

Notice to the owner for subs and suppliers

Vermont does not have a formal preliminary notice form or deadline. What it has is a race. The § 1921(b) notice must be in writing and include the date payment is due, if known. The lien then extends only to the portion of the contract price still unpaid when the owner receives the notice. If the owner has already paid the general contractor in full, a sub's notice may secure nothing.

Example: a plumbing sub on a $620,000 Burlington restaurant fit-out is owed $38,000, and the owner still holds $90,000 on the general contract when the sub's notice arrives. The sub's lien can reach that unpaid balance. If the notice had arrived after the owner paid the final draw, there would be no unpaid contract price for the lien to attach to. Send the notice early, ideally when the job starts, and keep proof of delivery.

Recording the lien and filing suit

To keep the lien alive, record a signed written memorandum asserting the claim in the clerk's office of the town where the property sits (§ 1923). Vermont land records are kept by town, not county, so check which town the parcel is in. Once recorded, the lien relates back to the visible commencement of work or delivery of material, subject to the priority rules in § 1921(d). When several liens exist and the money owed by the owner is not enough to pay all of them, they are paid pro rata.

Next comes the lawsuit. Within the 180-day window in § 1924, the claimant commences a civil action and has the property attached. After judgment, the claimant has five months to record a certified copy of the judgment with the town clerk (§ 1925). The property is then held for the judgment amount as if it had been mortgaged, and the claimant can foreclose the owner's equity of redemption like a mortgage.

Priority, sales, and homesteads

A Vermont lien does not take priority over a deed or conveyance for which consideration was paid in good faith before the lien was recorded, or over a construction mortgage recorded before the lien, except for advances the lender makes after receiving written notice of the lien (other than advances actually spent completing the improvements) (§ 1921(d)). An owner who has received a § 1921(b) notice must disclose the lien to a buyer or lender in writing or in the deed or mortgage, or face liability for damages (§ 1922). The lien law applies to homesteads (§ 1927), and the statute does not set a separate residential process.

Lien waivers in Vermont

Vermont has no statutory lien waiver forms. The key rule is § 1921(f): a lien cannot be waived before the labor is performed or the materials are furnished, and any contract provision calling for an advance waiver is unenforceable. Waivers given in exchange for payment after the work is done are a matter of contract, so use conditional waivers until the money clears. The how to manage lien waivers on every payment guide covers the routine.

Public projects

The lien subchapter is written for private real estate. On state and municipal work, unpaid subs and suppliers generally look to the contractor's payment bond required by the contract and state procurement rules instead. This page did not confirm Vermont's public bond statute on an official site, so check the bid documents and the awarding agency for the bond amount and claim deadlines. See also Vermont prompt payment rules and Vermont contractor licensing.

Frequently asked questions

How long do I have to file a mechanics lien in Vermont?

Record the memorandum of lien with the town clerk within 180 days from the time payment became due for the last labor or materials. Otherwise the lien does not continue in force (9 V.S.A. § 1921(c), § 1923).

How long do I have to enforce a Vermont lien?

Commence a lawsuit and attach the property within 180 days after filing the memorandum, or within 180 days after payment becomes due if it was not yet due when you filed (§ 1924). After judgment, record a certified copy within five months (§ 1925).

Does Vermont require a preliminary notice?

Not a formal one. Subs and suppliers who do not contract with the owner must give the owner written notice that they will claim a lien, and the lien only reaches contract funds still unpaid when the notice is received (§ 1921(b)).

Can a Vermont contract waive lien rights in advance?

No. Under § 1921(f), a lien may not be waived before the labor is performed or materials furnished, and an advance waiver clause is not enforceable.

Sources

  1. Vermont General Assembly: 9 V.S.A. Chapter 51, Liens (Subchapter 1, Mechanics' Liens)
  2. Vermont General Assembly: Vermont Statutes Online

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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