Mechanics Lien Deadlines in Vermont
Vermont contractors' lien law gives those who furnish labor or material for improvements to real property a lien, sets a 180 day window tied to when payment became due for filing a memorandum of lien with the town clerk, and a 180 day window from filing the memorandum to commence an enforcement action.
Vermont's contractors' lien law is found in Title 9, Chapter 51, Subchapter 1 of the Vermont Statutes. It secures payment to people who erect, repair, move, or alter improvements to real property or who furnish labor or material for that work. The statutes set out who holds a lien, how a subcontractor or supplier gives notice, the deadline for filing a memorandum of lien with the town clerk, and the deadline for bringing an action to enforce the lien.
Filing and enforcing a mechanics lien in Vermont
A person who performs labor or furnishes materials under a contract with an agent, contractor, or subcontractor of the owner obtains a lien by giving notice in writing to the owner or the owner's agent that he or she claims a lien for labor or material. 1
A lien does not continue in force for more than 180 days from the time when payment became due for the last of the labor performed or materials furnished unless a notice of the lien is filed in the office of the town clerk. 2
Within 180 days from the time of filing the memorandum, if payment is due at the time of filing, the claimant may commence an action and cause the real estate or other property to be attached. 3
A lien under this section may not be waived in advance of the time the labor is performed or materials are furnished, and any provision calling for such advance waiver is not enforceable. 4
Sources
A person who performs labor or furnishes materials under a contract with an agent, contractor, or subcontractor of the owner obtains a lien by giving notice in writing to the owner or the owner's agent that he or she claims a lien for labor or material.
A lien does not continue in force for more than 180 days from the time when payment became due for the last of the labor performed or materials furnished unless a notice of the lien is filed in the office of the town clerk.
Within 180 days from the time of filing the memorandum, if payment is due at the time of filing, the claimant may commence an action and cause the real estate or other property to be attached.
A lien under this section may not be waived in advance of the time the labor is performed or materials are furnished, and any provision calling for such advance waiver is not enforceable.
Frequently asked questions
- Who can claim a contractors' lien in Vermont?
- A person who proceeds under a contract or agreement for erecting, repairing, moving, or altering improvements to real property, or for furnishing labor or material for that work, holds a lien on those improvements and the lot of land on which they stand. A person who performs labor or furnishes materials under a contract with an agent, contractor, or subcontractor of the owner also holds a lien by giving written notice to the owner.
- What is the deadline to file the memorandum of lien?
- The lien does not continue in force for more than 180 days from the time when payment became due for the last of the labor performed or materials furnished unless a notice of the lien is filed in the office of the town clerk.
- How long is there to enforce the lien?
- Within 180 days from the time of filing the memorandum, if payment is due at the time of filing, the claimant may commence an action and cause the real estate or other property to be attached. If payment is not due at the time of filing, the action window runs 180 days from the time such payment becomes due.
- Can a Vermont contractors' lien be waived in advance?
- No. A lien under this section may not be waived in advance of the time the labor is performed or materials are furnished, and any provision calling for such advance waiver is not enforceable.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.