WHO MAY CLAIM Person who proceeds to provide labor or materials to erect, repair, or alter improvements pursuant to a contract or agreement with an owner, contractor, or subcontractor. Undetermined status for design professionals. VT. STAT. TIT. 9 § 1921 DEADLINE TO PERFECT Lien must be recorded within 180 days from when payment becomes due for last labor or materials provided. VT. STAT. TIT. 9 § 1921 BROKEN PRIORITY Date of lien is as of recording of notice of lien. EXCEPTION: Mechanics’ lien can take priority over advances made on previously recorded mortgage if written notice is given to mortgagee (unless advances are to pay for completion of improvements. NOTE: § 1921 regards priority in connection with date of recordation; however, § 1923 states that the recorded notice shall charge such real estate with such lien as of the visible commencement of work. No further elaboration on controlling determination; however, because § 1921 discusses priority, date of recordation will control. However, inconsistent should be recognized when dealing with VT mechanics’ liens. VT. STAT. TIT. 9 § 1921 (C) AND (D) VT. STAT. TIT. 9 § 1923 DURATION OF LIEN Lien must be enforced within 180 days from time of filing notice of lien. VT. STAT. TIT. 9 § 1924 CONTENTS OF LIEN (1) Amount claimed; (2) person to whom amount was due; (3) person from whom amount was due; (4) owner of the building charged; (5) description of the property being charged against. Substantial compliance is sufficient. Enough to give accurate notice to parties. Baldwin v. Spear Bros., 64 A. 235, 237 (Vt. 1906) VT. STAT. TIT. 9 § 1921 VT. STAT. TIT. 9 § 1923 VERMONT VERMONT – 548 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN
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