Vermont Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under Vt. Stat. Ann. Title 9 §1921 et seq. — Private Works, Court-Ordered Attachment & Public Highway Bonds
Vermont mechanic lien deadline table with toggles for project type and claimant type.
Vermont Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Record the Memorandum of Contractor's Lien (Notice of Lien) in the town land records within 180 days after last furnishing labor or materials.
Commence suit and secure a court-ordered Writ of Attachment against the property within 180 days after recording the Notice of Lien.
Recording alone does not perfect the lien; the Writ of Attachment is required to maintain lien priority.
The underlying contract claim is otherwise subject to the general 6-year limitations period for written contracts.
Preliminary Notice
Mechanic Lien
Record the Memorandum of Contractor's Lien (Notice of Lien) in the town land records within 180 days after last furnishing labor or materials.
Enforcement
Commence suit and secure a court-ordered Writ of Attachment against the property within 180 days after recording the Notice of Lien.
Recording alone does not perfect the lien; the Writ of Attachment is required to maintain lien priority.
The underlying contract claim is otherwise subject to the general 6-year limitations period for written contracts.
Vermont Mechanic Lien Law Overview
Vermont construction mechanic lien rights are governed by Vermont Statutes Annotated Title 9 §1921 et seq. This statutory framework provides Mechanic's Lien rights to contractors and subcontractors who furnish labor or materials for the improvement of real property in the State of Vermont.
Vermont requires all claimants to record a Memorandum of Mechanic Lien within 180 days of the date payment is due for material or services. Contractors are not required to serve any preliminary notice or notice to the owner. Subcontractors must serve a Notice to Owner within 180 days of the date payment is due for last material provided or services performed.
A unique feature of Vermont mechanic lien law is the requirement to file a court-ordered attachment within the 180-day window to perfect the mechanic lien, as established in Filter Equip. v. IBM, 142 Vt. 499, 458 A.2d 1091 (1983). Notice to the owner should be sent as soon as possible because it prevents the owner from selling or mortgaging the property without disclosing the mechanic lien.
Vermont public works bond claims apply specifically to highway contracts and Agency of Transportation improvement projects under Vt. Stat. Ann. Title 19 §10(9). National Lien & Bond provides authoritative guidance on every aspect of Vermont construction mechanic lien compliance.
Topics on This Page
Vermont Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Vermont construction mechanic lien law.
Notice Requirements
Subcontractor Notice to Owner within 180 days, no preliminary notice for contractors, and public works Sworn Statement of Claim within 90 days
Mechanic Lien Deadlines
180-day Memorandum of Mechanic Lien filing deadline, court-ordered attachment requirement, and mechanic lien perfection procedures
Mechanic Lien Enforcement Deadlines
180-day suit deadline, court-ordered attachment within 180-day window, public works bond suit within 1 year
Frequently Asked Questions
What statute governs mechanic liens in Vermont?
Mechanic's liens are governed by Vt. Stat. Ann. Title 9 §1921 et seq. Public works highway bond claims are governed by Title 19 §10(9), applying to highway contracts and Agency of Transportation improvement projects.
Is a preliminary notice required to file a mechanic lien in Vermont?
No preliminary notice is required for contractors. Subcontractors must serve a Notice to Owner within 180 days of the date payment is due. This notice prevents the owner from selling or mortgaging without disclosing the mechanic lien.
What is the deadline to file a mechanic lien in Vermont?
All claimants must record a Memorandum of Mechanic Lien within 180 days of the date payment is due for material or services under T. 9 §1923. A court-ordered attachment must also be filed within this window to perfect the mechanic lien.
How does Vermont mechanic lien law differ from other states?
Vermont has several unique features: the 180-day deadline runs from the date payment is due (not last furnishing), a court-ordered attachment is required to perfect the mechanic lien (Filter Equip. v. IBM), the mechanic lien is recorded in town land records (not county), and public works bond claims are limited to highway and transportation projects.
What are the notice requirements for Vermont public works bond claims?
All creditors must file a Sworn Statement of Claim with the Secretary of the Agency of Transportation within 90 days of final acceptance or 90 days of tax/contribution due dates. Suit must be filed within 1 year of filing the claim.
What is the deadline to file suit to enforce a Vermont mechanic lien?
Suit must be filed within 180 days from mechanic lien filing (if payment due at filing) or 180 days from when payment becomes due. A court-ordered attachment must also be obtained within the 180-day window per Filter Equip. v. IBM.