Lien deadlines · Vermont

Vermont mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Lien filing for all five roles under 9 V.S.A. § 1921(c): within 180 days from the time when payment became due for the last of such labor performed or materials furnished. Deadline to sue under § 1924: if payment is due at the time the memorandum is filed, 180 days after the memorandum is filed; if payment is not due at the time the memorandum is filed, within 180 days from the time such payment becomes due.

Vermont · Lien deadlinesVerified 2026-10-03
Lien filing
Within 180 days from the time when payment became due for the last of such labor performed or materials furnished
Preliminary notice
Subcontractor, Sub-subcontractor, Supplier, Laborer: Written notice to the owner or the owner's agent having charge of the property, with no period stated; Direct contractor: None required
Deadline to sue
If payment is due at the time the memorandum is filed: 180 days after the memorandum is filed; If payment is not due at the time the memorandum is filed: Within 180 days from the time such payment becomes due

Preliminary notice

WhoProject typeBranchDeadlineStatute
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultWritten notice to the owner or the owner's agent having charge of the property, with no period statedStatute: 9 V.S.A. § 1921(b)
What the statute says about it. The lien extends to the portions of the contract price remaining unpaid at the time the notice is received. Recipients: The owner or the owner's agent having charge of the property. Delivery: In writing, stating that the person claims a lien for labor or material and including the date that payment is due, if known.
Direct contractorAnyDefaultNone requiredStatute: 9 V.S.A. § 1921(a)
(b) A person who by virtue of a contract or agreement, either in writing or parol, with an agent, contractor, or subcontractor of the owner thereof, performs labor or furnishes materials for erecting, repairing, moving, or altering such improvements shall have a lien, to secure the payment of the same upon such improvements and the lot of land upon which the same stand, by giving notice in writing to such owner or his or her agent having charge of such property that he or she shall claim a lien for labor or material.
9 V.S.A. § 1921(b) · Official text · retrieved 2026-09-30
The notice shall include the date that payment is due, if known.
9 V.S.A. § 1921(b) · Official text · retrieved 2026-09-30
Such lien shall extend to the portions of the contract price remaining unpaid at the time such notice is received.
9 V.S.A. § 1921(b) · Official text · retrieved 2026-09-30
(a) 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) · Official text · retrieved 2026-09-30

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultWithin 180 days from the time when payment became due for the last of such labor performed or materials furnishedStatute: 9 V.S.A. § 1921(c); 9 V.S.A. § 1923
What the statute says about it. The lien does not continue in force for more than that time unless a notice of the lien is filed in the office of the town clerk.
(c) 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) · Official text · retrieved 2026-09-30
A person claiming a lien under section 1921 of this title shall file for record in the clerk’s office of the town where such real estate is situated a written memorandum, signed by him or her, asserting his or her claim, which shall charge such real estate with such lien as of the visible commencement of work or delivery of material to the extent and subject to the exceptions provided in sections 1921 and 1922 of this title.
9 V.S.A. § 1923 · Official text · retrieved 2026-09-30

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyIf payment is due at the time the memorandum is filed180 days after the memorandum is filedStatute: 9 V.S.A. § 1924
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyIf payment is not due at the time the memorandum is filedWithin 180 days from the time such payment becomes dueStatute: 9 V.S.A. § 1924
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.
9 V.S.A. § 1924 · Official text · retrieved 2026-09-30

How the days are counted

The day of the event is not counted, and the last day of the period is.

When time is to be reckoned from a day, date, or an act done, such day, date, or day when such act is done shall not be included in the computation, unless otherwise provided.
1 V.S.A. § 138 · Official text · retrieved 2026-09-30

Who the deadlines apply to

Vermont's mechanics lien timetable is in 9 V.S.A. ch. 51, subch. 1, and every rule on this page is written for any project type.

Section 1921 grants the lien in two parts. Subsection (a) covers the person proceeding under a contract or agreement, written or not, for erecting, repairing, moving or altering improvements to real property, or for furnishing labor or material for them. The table lists that person as the direct contractor, and the preliminary notice row for the direct contractor reads None required [1].

Subsection (b) covers a person who contracts with an agent, contractor or subcontractor of the owner and performs labor or furnishes materials. Its notice rule is listed for subcontractors, sub-subcontractors, suppliers and laborers [1].

From the lien filing stage on, each rule names all five roles: direct contractors, subcontractors, sub-subcontractors, suppliers and laborers [1] [3].

How the periods run

The notice to the owner. The subsection (b) lien arises by giving written notice to the owner, or to the owner's agent having charge of the property, that the person claims a lien for labor or material. The rule reads Written notice to the owner or the owner's agent having charge of the property, with no period stated [1], so the calculator gives it no date. Section 1921(b) ties the reach of the lien to the notice: it extends to the portions of the contract price still unpaid when the notice is received [1].

The notice of lien. Section 1921(c) limits how long a lien lasts without a filing. The period is Within 180 days from the time when payment became due for the last of such labor performed or materials furnished [1]. The lien does not continue in force for more than that time unless a notice of the lien is filed in the office of the town clerk [1]. Section 1923 describes the filing as a "written memorandum", signed by the claimant and filed for record in the clerk's office of the town where the real estate is situated [2]. The day payment became due is not one of the dates the calculator takes, so this row has no counted date.

The suit. Section 1924 sets two suit periods, and neither is a default. Each one turns on whether payment is due when the memorandum is filed.

If payment is due at the time the memorandum is filed, the period is 180 days after the memorandum is filed [3]. The calculator counts this one from the filing date entered.

If payment is not due at the time the memorandum is filed, the period is Within 180 days from the time such payment becomes due [3]. That date is not a calculator input, so the row shows no counted date.

In both cases the statute speaks of commencing an action for the payment and causing the real estate or other property to be attached [3].

Counting the days

1 V.S.A. § 138 is Vermont's general counting rule: the day, date or act a period is reckoned from is not counted, unless otherwise provided [4]. The calculator leaves out that first day.

What changed recently

Section 1921 was amended by 1985, No. 128 (Adj. Sess.) and 2003, No. 144 (Adj. Sess.), and § 1924 by 2003, No. 144 (Adj. Sess.) [1] [3]. The statutes as published include the actions of the 2025 session of the General Assembly [1].

Related

Lien deadlines: other states

Sources

  1. 9 V.S.A. § 1921, Vermont Statutes Online, Vermont General Assembly (retrieved 2026-09-30)
  2. 9 V.S.A. § 1923, Vermont Statutes Online, Vermont General Assembly (retrieved 2026-09-30)
  3. 9 V.S.A. § 1924, Vermont Statutes Online, Vermont General Assembly (retrieved 2026-09-30)
  4. 1 V.S.A. § 138, Vermont Statutes Online, Vermont General Assembly (retrieved 2026-09-30)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island and South Carolina.
  3. : 9 more jurisdictions published: South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
  4. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  5. : 10 more jurisdictions published: Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi and Missouri.
  6. : Dataset first published: 9 of 51 jurisdictions published.