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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules on who can lien, what notices are required, and when liens must be filed and enforced. This guide walks through the essentials of Vermont's lien rights so you can better protect your right to be paid.
Not required
Not required; however, sending notice to the owner protects whatever money the owner hasn't paid yet
Not required
Not required
Not required
Not required
Within 180 days after payment is due for the last labor or materials furnished
Within 180 days after payment is due for the last labor or materials furnished
Within 180 days after payment is due for the last labor furnished
Within 180 days after recording the lien
Within 180 days after recording the lien
Within 180 days after recording the lien
Unpaid balance by the owner
Limited to the amount unpaid when the owner receives notice
Unpaid wages for labor performed
Mechanic's lien rights in Vermont are governed by 9 V.S.A. §§ 1921–1928 and apply only to private construction projects. (Public projects cannot be liened. If you are unpaid on public work, your remedy is through a payment bond claim.)
Vermont's lien law seems simple on the surface, but it works differently from many other states. Here are three things to know up front:
- There are no preliminary or pre-lien notice requirements.
- However, for subcontractors and suppliers, submitting a written notice to the owner—though optional—is a smart move, because a lien only reaches funds the owner still owes when notice is received.
- Enforcement for all claimants is strict and requires not only filing a lawsuit, but also obtaining and recording a prejudgment writ of attachment within the enforcement period.
With that framework in mind, let's get into the details.
In Vermont, mechanic’s lien rights extend to parties who furnish labor or materials for the improvement of real private property, including:
- General (original) contractors
- Subcontractors of any tier
- Material suppliers furnishing materials for the project
- Laborers performing work on the improvements
Under 9 V.S.A. § 1921, a mechanic’s lien may be claimed for labor or materials furnished for the erection, repair, movement, or alteration of improvements to real property. Here are some examples of what’s considered lienable and what isn’t
Lienable Work in Vermont
- On-site labor on a private construction project
- Materials furnished for use in the improvement
- Repair, alteration, or relocation of existing structures
- Work performed under written or oral contracts
Non-Lienable Work in Vermont
- Work on public projects
- Work unrelated to improving the real property
- Adjacent land not used in connection with the improvement
- Work performed after the contract has been fully paid
Before filing a lien in Vermont, it’s important to know that while submitting a preliminary notice isn’t a requirement in this state, it is a heavily recommended option for subcontractors and suppliers (learn more about this optional step in FAQ #1 below).
Deadline to File
All claimants must record a written Memorandum of Lien within 180 days after payment is due for the last labor performed or materials furnished (9 V.S.A. §§ 1921(c), 1923).
Filing Requirements
- Filing location: Record the lien with the town clerk’s office where the property is located.
- Form requirements: Vermont doesn’t provide a statutory form, but the lien memorandum must:
- Be in writing and signed by the claimant
- Assert a lien claim
- Identify the property subject to the lien
- Verification: Not expressly required by statute.
- Filing fee: Varies by town.
Service Requirements
Vermont statutes don’t specify service requirements; however, serving a copy of the lien on the owner is considered best practice to encourage payment.
Recording a lien preserves your rights—but enforcement is how you get paid.
In Vermont, an enforcement action must be initiated within 180 days following the lien recording date. If payment was not yet due when the lien was recorded, enforcement must occur within 180 days following the payment due date (9 V.S.A. § 1924).
Within those 180 days, two actions must occur:
- You must file a civil lawsuit to enforce the lien, and
- You must obtain and record a prejudgment writ of attachment against the property.
You must complete both before the deadline, or your lien becomes invalid.
Other Enforcement Details
- Filing location: The enforcement lawsuit must be filed in a court with jurisdiction over the property, and the writ of attachment must be recorded in the land records for the town where the property is located.
- Lien priority: Lien priority generally relates back to the visible commencement of work, but liens do not take priority over good-faith transfers paid before recording or earlier-recorded construction mortgages, except for advances made after notice.
- Lien release: Once payment is resolved or the lien is otherwise satisfied, the claimant should record a written release or satisfaction in the town land records to clear title.
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
- Meaningful visibility: View the lien protection status for each project to identify and mitigate risk.
- Document creation: Generate state-specific lien notices instantly using existing project data
- Integrated delivery: Send notices via certified mail directly from Siteline to streamline delivery.
Vermont’s lien statutes do not condition lien rights on contractor licensing, though licensing issues may affect enforcement.
Yes. Vermont lien rights are not limited to parties who contract directly with the property owner. Subcontractors, suppliers, laborers, and other lower-tier parties can file liens.
No, Vermont’s lien deadlines are fixed by statute and cannot be shortened.
No. Vermont does not require a notice of intent to lien before recording a mechanic’s lien.
Vermont does not use preliminary notices or notices of intent to lien, but the state does give subcontractors and suppliers the option of sending written notices to owners. It’s a smart move because liens in Vermont only include the money the owner still owes at the moment a notice is received. Filing this notice essentially locks in whatever unpaid funds remain at that time, helping ensure there’s something for the lien to attach to if payment issues arise later.
There’s no deadline. The notice simply needs to be in writing, include the labor and materials furnished, and include the date payment is due, if known (9 V.S.A. § 1921(b)).
There is no statutory lien waiver form in Vermont, so parties are free to use any format they choose. To ensure complete compliance, brush up on the specifics in our Vermont lien waiver guide before your next project.
In Vermont, the amount you can lien depends on your role on the project and, in some cases, when the owner receives notice of the lien claim.
- General contractors may lien for the unpaid balance owed by the owner under the contract, covering the value of labor and materials furnished to the project.
- Subcontractors’ and suppliers’ recovery is limited to the amount the owner still owes under the prime contract at the time the owner receives written notice. If the owner has already paid the GC in full before receiving notice, the lien may have little or no value, even if it is timely filed (9 V.S.A. § 1921(b)).
- Laborers may lien for unpaid wages earned for work performed on the project.
As a general rule, attorneys’ fees, interest, late charges, and other consequential damages are not automatically included in the lien amount, though some costs may be recoverable later through court action.
No. Vermont law does not require a written contract to file a mechanic’s lien. Lien rights are based on providing qualifying work or services to the project and following the required notice and filing steps. That said, written contracts make it much easier to prove what you’re owed if a lien is challenged.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.