Stop-Notice - Vermont

NOTICE OF CLAIMED CONTRACTOR'S LIEN

(Vermont — Remote Claimant Notice Under 9 V.S.A. § 1921(b))

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Statutory Notice
IV. Delivery and Preservation Checklist
V. Verification
VI. Sources and References

I. DOCUMENT HEADER

1.1 Title. NOTICE OF CLAIMED CONTRACTOR'S LIEN (the “Notice”).

1.2 Parties.
 (a) Claimant: [LEGAL NAME], a [STATE] [ENTITY TYPE], having a principal place of business at [ADDRESS].
 (b) Owner: [LEGAL NAME], having an address at [ADDRESS].
 (c) Owner's Agent Having Charge of the Property (if served): [LEGAL NAME AND ADDRESS].
 (d) Party That Hired Claimant: [LEGAL NAME], identified as ☐ owner's agent ☐ contractor ☐ subcontractor.

1.3 Notice Date. This Notice is dated [DATE]. Record the actual delivery date and recipient in Section IV.

1.4 Project Identification.
 (a) Project Name: [PROJECT TITLE].
 (b) Property Description: [LEGAL DESCRIPTION OR VOLUME/PAGE REFERENCE].
 (c) Vermont County: [COUNTY].
 (d) Prime Contract Date: [DATE].

1.5 Limited Purpose. Claimant furnished labor or materials under an agreement with an owner's agent, contractor, or subcontractor. This Notice communicates a lien claim under 9 V.S.A. § 1921(b). It is not a California-style stop-payment notice, does not itself command a lender to freeze funds, and does not replace the recording, action, attachment, judgment, or foreclosure steps in §§ 1923-1925.

II. DEFINITIONS

For purposes of this Notice, the following capitalized terms have the meanings set forth below.

“Claim Amount” – $[AMOUNT], representing the unpaid balance due to Claimant for labor or materials furnished to the Project through [DATE].

“Claimant” – The party identified in Section 1.2(a) asserting lien rights and issuing this Notice.

“Lien Claim” – Claimant’s mechanic’s lien or potential mechanic’s lien rights arising under Vermont law in connection with the Project.

“Owner” – The person or entity identified in Section 1.2(b).

“Property” – The real property and improvements described in Section 1.4.

“Notice” – This written notice of a claimed lien under 9 V.S.A. § 1921(b).

III. STATUTORY NOTICE

To the Owner or the Owner's agent having charge of the Property:

Claimant gives written notice that it claims a lien for the following labor or materials furnished for erecting, repairing, moving, or altering improvements to the Property under an agreement with the party identified in Section 1.2(d):

First furnishing date: [DATE]

Last furnishing date: [DATE]

Description of labor or materials: [DETAILED DESCRIPTION]

Original contract or order amount: $[AMOUNT]

Credits and payments received: $[AMOUNT]

Amount presently claimed: $[AMOUNT]

Date payment is due, if known: [DATE / UNKNOWN]

Under 9 V.S.A. § 1921(b), a qualifying claimant contracting with an owner's agent, contractor, or subcontractor obtains a lien by giving this written notice to the owner or the owner's agent having charge of the Property. The lien extends only to the portion of the contract price remaining unpaid when the notice is received.

This Notice does not state that the recipient must withhold a fixed sum, that a lender is automatically liable, or that service alone preserves the lien indefinitely. Section 1921(c) limits continuation to 180 days from when payment became due for the last labor or materials unless a lien notice is recorded as provided by law.

IV. DELIVERY AND PRESERVATION CHECKLIST

☐ Confirm that Claimant contracted with an owner's agent, contractor, or subcontractor. A person contracting directly with the owner relies on § 1921(a), not this subsection (b) notice form.

☐ Deliver the Notice to the Owner or the Owner's agent having charge of the Property using a method selected by Vermont counsel that produces reliable proof of receipt.

Recipient: [NAME AND CAPACITY]

Delivery method: [METHOD]

Delivery date: [DATE]

Proof retained: [RECEIPT / AFFIDAVIT / OTHER]

☐ Calendar § 1921(c)'s 180-day continuation period and obtain counsel review before it expires.

☐ If preservation beyond that period is required, prepare and timely record the signed memorandum described in § 1923 in the town clerk's office where the real estate is situated.

☐ Calendar the separate § 1924 action-and-attachment period. Section 1924 generally requires commencement within 180 days after filing when payment was then due, or within 180 days after payment becomes due when it was not.

☐ If judgment is obtained, review § 1925's separate five-month period for recording a certified judgment copy before pursuing mortgage-style foreclosure.

☐ Do not use an advance waiver of the lien; § 1921(f) makes an advance waiver unenforceable.

Section 1922 also restricts an owner's conveyance or mortgage of property after receiving subsection (b) notice unless the lien has been paid, has not been timely perfected, or is disclosed as the section requires. Counsel should determine the section's application to the facts; this Notice does not create an automatic personal-payment guarantee.

V. VERIFICATION

I declare that I am authorized to give this Notice for Claimant and that the factual statements and amount claimed above are true and correct to the best of my knowledge after review of Claimant's records.

VI. SOURCES AND REFERENCES

• 9 V.S.A. § 1921 — Extent of lien; notice
• 9 V.S.A. § 1922 — Effect of lien
• 9 V.S.A. § 1923 — Recording notice of lien
• 9 V.S.A. § 1924 — Action to enforce lien
• 9 V.S.A. § 1925 — Foreclosure