Contractors — No Preliminary Notice Required
Vermont does not require contractors to serve any preliminary notice or Notice to Owner before filing a Memorandum of Mechanic Lien. Contractors who contract directly with the property owner may proceed directly to recording the mechanic lien within the 180-day statutory deadline.
Subcontractors — Notice to Owner Within 180 Days
Subcontractors must serve a Notice to Owner within 180 days of the date payment is due for last material provided or services performed. This notice should be sent as soon as possible because it prevents the owner from selling or mortgaging the property without disclosing the mechanic lien.
While the statute provides a 180-day window, early service of the Notice to Owner is strongly recommended to maximize the protection afforded by the notice. Delay reduces the effectiveness of this important safeguard.
Public Works — Sworn Statement of Claim (90 Days)
On Vermont public works highway contracts and projects of the Agency for the Construction of a Transportation Improvement, all creditors — subcontractors, materialmen, and contractors — must file a 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 to the Vermont Commissioner of Employment Training are due and payable. Vt. Stat. Ann. Title 19 §10(9).
Frequently Asked Questions
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 for last materials or services. This notice prevents the owner from selling or mortgaging without disclosing the mechanic lien.
When should the subcontractor Notice to Owner be sent in Vermont?
While the statute allows 180 days, the notice should be sent as soon as possible. Early notice prevents the owner from selling or mortgaging the property without disclosing the mechanic lien, providing greater protection for the subcontractor.
What notice is required 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 after final project acceptance or within 90 days of the date taxes or contributions are due under Title 19 §10(9).
Do Vermont public works bond claims apply to all public projects?
No. Vermont's statutory bond claim provisions under Title 19 §10(9) apply specifically to highway contracts and projects of the Agency for the Construction of a Transportation Improvement, not to all public works.
What is the Sworn Statement of Claim in Vermont?
The Sworn Statement of Claim is a verified statement filed with the Agency of Transportation by subcontractors, materialmen, or contractors on highway projects. It must be filed within 90 days of final acceptance or 90 days of tax/contribution due dates.
Related Vermont Resources
Explore other critical compliance areas for Vermont construction mechanic lien law.
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
Vermont Overview
Return to the main Vermont construction mechanic lien law page