Memorandum of Mechanic Lien — 180-Day Filing Deadline (§1923)
Under Vermont law, all claimants — contractors and subcontractors — must record a Memorandum of Mechanic Lien within 180 days of the date payment is due for material or services. The mechanic lien is recorded in the land records of the town where the property is located. T. 9 §1923, §1921.
The 180-day deadline is measured from the date payment becomes due, not from the date of last furnishing. This distinction is important — claimants must determine when their payment obligation was triggered to calculate the correct deadline.
Court-Ordered Attachment — Required to Perfect Mechanic Lien
A critical and 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. This requirement was established in Filter Equip. v. IBM, 142 Vt. 499, 458 A.2d 1091 (1983).
Simply recording the Memorandum of Mechanic Lien is not sufficient to perfect the mechanic lien in Vermont. The claimant must also obtain and file a court-ordered attachment within the same 180-day period. This makes Vermont's mechanic lien perfection process more complex than most states.
Subcontractor Notice Prerequisite
Subcontractors must have served a Notice to Owner within 180 days of the date payment is due before recording the Memorandum of Mechanic Lien. This notice and the mechanic lien recording share the same 180-day deadline, so subcontractors must serve notice and record the mechanic lien within the same window.
Filing Location
The Memorandum of Mechanic Lien must be recorded in the land records of the town where the improved property is located. Vermont uses a town-based recording system rather than a county-based system used in most states.
Frequently Asked Questions
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.
What is the court-ordered attachment requirement in Vermont?
Under Filter Equip. v. IBM (1983), simply recording the Memorandum of Mechanic Lien is not enough. A court-ordered attachment must be filed within the 180-day window to perfect the mechanic lien. This makes Vermont's process more complex than most states.
Is the 180-day Vermont deadline measured from last furnishing?
No. The 180-day deadline is measured from the date payment is due for material or services, not from the date of last furnishing. Claimants must determine when their payment obligation was triggered.
Where must the Vermont mechanic lien be recorded?
The Memorandum of Mechanic Lien must be recorded in the land records of the town where the property is located. Vermont uses a town-based recording system, not a county-based system.
Must subcontractors serve notice before filing a mechanic lien in Vermont?
Yes. Subcontractors must serve a Notice to Owner within 180 days of the date payment is due. This notice and the mechanic lien recording share the same 180-day deadline window.
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 Enforcement Deadlines
180-day suit deadline, court-ordered attachment within 180-day window, public works bond suit within 1 year
Vermont Overview
Return to the main Vermont construction mechanic lien law page