Construction Liens in Vermont
Contents
Overview
Sources
Vt. Stat. Ann. tit. 9, §§ 1921 et seq.
Authorized Claimants
When a contract or agreement is made, whether in writing or not, for erecting, repairing, moving, or altering improvements to real property or for furnishing labor or material therefor, the person proceeding in pursuance of such contract or agreement shall have a lien upon such improvements and the lot of land on which the same stand to secure the payment of the same. (9 V.S.A. § 1921(a))
Lien Priority
A lien under this section shall not take precedence over a deed or other conveyance to the extent that consideration therefor has been paid in good faith before record of such lien. Such lien shall not take precedence over a mortgage given by the owner thereof upon such building, property, or improvements and the lot of land on which the same stand, as security for the payment of money loaned and to be used by such owner in payment of the expenses of the same, if such mortgage is recorded before such lien is filed in the office of the town clerk as hereinafter provided (9 V.S.A. § 1921(d))
Notices and Registries
Filing Deadlines
A lien herein provided for shall not continue in force for more than 180 days from the time when payment became due for the last of such labor performed or materials furnished unless a notice of such lien is filed in the office of the town clerk as hereinafter provided. (9 V.S.A. § 1921(c))
Enforcement Deadlines
Within 180 days from the time of filing such memorandum, if such payment is due at the time of such filing and within 180 days from the time such payment becomes due, if not due at the time of such filing, such person may commence his or her action for the same and cause such real estate or other property to be attached thereon. If he or she obtains judgment in the action, the record of such judgment shall contain a brief statement of the contract upon which the same is founded.(9 V.S.A. § 1924)
