Private Works — 180-Day Suit Deadline
Under Vermont law, suit to enforce the Memorandum of Mechanic Lien must be filed within 180 days from the time of filing the memorandum if payment is due at the time of filing, or within 180 days from the time payment becomes due if not due at the time of filing.
This dual deadline structure means the suit deadline depends on whether payment was already due when the mechanic lien was recorded. If payment was due at the time of filing, the 180-day clock starts from the filing date. If payment becomes due after filing, the clock starts from when payment becomes due.
Court-Ordered Attachment Within 180-Day Window
As established in Filter Equip. v. IBM (1983), a court-ordered attachment must be filed within the 180-day window to perfect the mechanic lien. This requirement applies in addition to recording the Memorandum of Mechanic Lien and filing suit within the same period.
The combination of recording the mechanic lien, obtaining a court-ordered attachment, and filing suit — all within the 180-day window — makes Vermont's enforcement process among the most time-sensitive in the nation.
Public Works — Highway Bond Suit Deadline (Title 19 §10(9))
On Vermont highway contracts and Agency of Transportation improvement projects, suit on the payment bond must be filed within 1 year of filing the Sworn Statement of Claim with the Secretary of the Agency of Transportation.
The Sworn Statement must be filed within 90 days after final acceptance of the project or within 90 days of the date taxes or contributions are due. The 1-year suit deadline then runs from the date the Sworn Statement is filed.
Limited Public Works Coverage
Vermont's statutory bond claim provisions are limited to highway contracts and projects of the Agency for the Construction of a Transportation Improvement under Title 19 §10(9). Other public works projects may have different bonding requirements that should be investigated on a project-by-project basis.
Frequently Asked Questions
What is the deadline to file a mechanic lien enforcement suit in Vermont?
Suit must be filed within 180 days from the time of filing the Memorandum of Mechanic Lien (if payment is due at filing) or within 180 days from when payment becomes due (if not due at filing). A court-ordered attachment must also be obtained within this window.
What is the court-ordered attachment and when must it be filed?
Under Filter Equip. v. IBM (1983), a court-ordered attachment must be filed within the 180-day window to perfect the mechanic lien. This is in addition to recording the Memorandum of Mechanic Lien and filing suit.
What is the deadline for Vermont public works bond suits?
Suit must be filed within 1 year of filing the Sworn Statement of Claim. The Sworn Statement must be filed within 90 days of final project acceptance or 90 days of tax/contribution due dates under Title 19 §10(9).
Do Vermont public works bond claims cover all public projects?
No. The statutory provisions under Title 19 §10(9) apply specifically to highway contracts and Agency of Transportation improvement projects. Other public works may have separate bonding requirements.
Why is timing so critical for Vermont mechanic lien enforcement?
Vermont requires recording the Memorandum of Mechanic Lien, obtaining a court-ordered attachment, and filing suit — all within the same 180-day window. This combination makes Vermont one of the most time-sensitive states for mechanic lien enforcement.
Related Vermont Resources
Explore other 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
Vermont Overview
Return to the main Vermont construction mechanic lien law page