Pre-lien Notice / Notice to Owner - Vermont

VERMONT WRITTEN NOTICE OF CLAIMED LIEN

Remote Claimant Notice to Owner — 9 V.S.A. § 1921(b)

Applicability Gate

Use this statutory notice when the claimant performed labor or furnished materials under a written or oral contract or agreement with an agent, contractor, or subcontractor of the owner.

☐ Claimant contracted with the owner — § 1921(a), not subsection (b), governs the lien basis; have counsel decide whether to use this only as a voluntary payment notice

☐ Claimant contracted with an owner agent, contractor, or subcontractor — complete and deliver the § 1921(b) notice

Section 1921(b) makes receipt timing material: the remote claimant's lien extends to the portions of the contract price remaining unpaid when the owner or the owner's agent having charge of the property receives the written notice.

Notice

DATE: [__/__/____]

TO — Owner or owner's agent having charge of the property:

Name: [________________________________]

Address: [________________________________]

FROM — Claimant:

Name: [________________________________]

Address: [________________________________]

Telephone / email: [________________________________]

PROPERTY / IMPROVEMENT:

Street address or location: [________________________________]

Town: [________________________________], Vermont

Property description, if available: [________________________________]

PERSON WITH WHOM CLAIMANT CONTRACTED:

Name: [________________________________]

Role: ☐ Owner agent ☐ Contractor ☐ Subcontractor ☐ Other: [________________]

Under 9 V.S.A. § 1921(b), the claimant gives written notice that the claimant claims a lien for the following labor performed or materials furnished for erecting, repairing, moving, or altering improvements to the real property identified above.

Labor or materials:

[____________________________________________________________]

[____________________________________________________________]

Amount currently unpaid to claimant: $[________________________________]

Date payment is due, if known: [__/__/____ / Not known]

Last labor or materials relevant to the payment-due calculation: [________________________________]

Claimant signature: ______________________________

Printed name and title: [________________________________]

Date: [__/__/____]

Receipt and Delivery Record

Section 1921(b) requires written notice to the owner or the owner's agent having charge of the property but does not prescribe a delivery method. Use a method that establishes actual receipt and preserve the evidence.

☐ Hand delivery with signed acknowledgment

☐ Certified or registered mail with delivery record

☐ Traceable commercial delivery

☐ Other method establishing receipt: [________________________________]

Recipient: [________________________________]

Delivery address: [________________________________]

Date and time received: [________________________________]

Tracking / receipt evidence: [________________________________]

Recipient acknowledgment, if used: ______________________________

Separate Recording and Enforcement Calendar

This owner notice is not the town-recorded memorandum under § 1923.

Under § 1921(c), the lien does not continue beyond 180 days from the time payment became due for the last covered labor or materials unless a notice of lien is filed in the town clerk's office as the statutes provide.

Payment-due date for last covered labor or materials: [__/__/____]

180-day outside date: [__/__/____]

Town clerk's office: [________________________________]

Section 1924 separately requires a timely action for the payment due and attachment of the property. If payment was due when the memorandum was filed, the period is 180 days from filing; if not, the statute measures 180 days from when payment becomes due.

Final Check

☐ Claimant tier confirmed

☐ Correct owner or agent recipient confirmed

☐ Written lien-claim statement included

☐ Payment-due date included if known

☐ Actual receipt documented

☐ Owner's unpaid contract balance at receipt investigated

☐ Town memorandum deadline separately calendared

☐ Action and attachment deadline separately calendared

Sources and References

• Official 9 V.S.A. § 1921: https://legislature.vermont.gov/statutes/section/09/051/01921
• Official 9 V.S.A. § 1923: https://legislature.vermont.gov/statutes/section/09/051/01923
• Official 9 V.S.A. § 1924: https://legislature.vermont.gov/statutes/section/09/051/01924