Mechanic's Lien Deadlines & Notice Requirements in Vermont
At a glance
| Governing law | 9 V.S.A. ch. 51, subch. 1, §§ 1921-1928, Contractors’ Liens for Labor or Material. |
|---|---|
| Who can claim a lien | A person furnishing labor or materials under an improvement contract may claim (§ 1921(a)); a person working through an agent, contractor, or subcontractor obtains the lien by written notice to the owner (§ 1921(b)). |
| Preliminary notice | A claimant contracting through an agent, contractor, or subcontractor must give written owner notice; the resulting lien reaches only the unpaid contract balance when notice arrives (§ 1921(b)). |
| Deadline to file the lien | Record a signed lien memorandum with the town clerk within 180 days after payment became due for the last labor or materials (§§ 1921(c), 1923). |
| Notice of completion effect | Section 1921(c) uses the payment-due date for the last labor or materials; the chapter supplies no owner notice-of-completion filing trigger. |
| Serving the lien on the owner | Section 1921(b) requires owner notice from a claimant working through an agent, contractor, or subcontractor; § 1923 requires town-clerk recording of the memorandum. |
| Deadline to sue to foreclose | Commence the debt action and attach the property within 180 days after memorandum filing if payment was then due, or 180 days after later payment due (§ 1924); record the judgment within five months (§ 1925). |
| Homestead/residential extras | The subchapter applies to homestead property (§ 1927); § 1928 separately addresses a married woman’s assent to a contract charging her real estate. |
Requirements one by one
Who can claim and preliminary notice
Section 1921(a) grants a lien for labor or materials under a contract to improve real property. A person working through the owner's agent, contractor, or subcontractor obtains the lien by giving the owner or agent written notice claiming it (§ 1921(b)). That lien reaches only the contract price still unpaid when the notice is received, so timing affects the secured amount.
Record the memorandum
The lien does not continue beyond 180 days after payment became due for the claimant's last labor or materials unless a notice is filed (§ 1921(c)). Section 1923 requires a signed memorandum in the town clerk's office where the real estate is situated. It charges the property as of visible commencement of work or delivery of material, subject to the cited exceptions. The statutory clock runs from payment due, not an owner-filed completion notice.
Enforce the lien
Within 180 days after filing the memorandum, if payment was already due, the claimant may commence the debt action and attach the property. If payment was not yet due at filing, § 1924 runs that period from when payment becomes due. After judgment, § 1925 allows five months to record a certified copy with the town clerk and describes foreclosure as in a mortgage case.
Residential property
Section 1927 makes the subchapter applicable to homestead property. Section 1928 says a married woman's real estate may be charged with a mechanic's lien when she assents to the contract.
What trips people up
Vermont has two distinct 180-day periods: one tied to when payment became due for the last labor or materials and the other tied to filing the memorandum or later payment due (§§ 1921(c), 1924). The lien memorandum goes to the town clerk under § 1923.
Common questions
Does written notice to the owner replace recording? No. A claimant working through an intermediary needs the § 1921(b) notice, and § 1923 separately calls for a signed memorandum to be recorded.
Is recording enough to keep the lien through a lawsuit? Section 1924 calls for a debt action and attachment within its 180-day period; § 1925 then provides for recording the judgment after success.
Statutes and sources
- 9 V.S.A. § 1921 (lien and notice): https://legislature.vermont.gov/statutes/section/09/051/01921 (accessed 2026-10-06)
- 9 V.S.A. § 1923 (town-clerk memorandum): https://legislature.vermont.gov/statutes/section/09/051/01923 (accessed 2026-10-06)
- 9 V.S.A. § 1924 (action and attachment): https://legislature.vermont.gov/statutes/section/09/051/01924 (accessed 2026-10-06)
- 9 V.S.A. § 1925 (judgment recording): https://legislature.vermont.gov/statutes/section/09/051/01925 (accessed 2026-10-06)
- 9 V.S.A. § 1927 (homestead): https://legislature.vermont.gov/statutes/section/09/051/01927 (accessed 2026-10-06)
- 9 V.S.A. § 1928 (married woman's property): https://legislature.vermont.gov/statutes/section/09/051/01928 (accessed 2026-10-06)
Source links
Every statute quoted above, linked, with the date we checked it.
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