1. Deadline to Give Preliminary Notice (Preliminary Notice to Owner)
PRIVATE:
The notice must be received before the final notice is received, and less than 180 days after payment became due for final delivery of materials. However, we recommend sending the notice as soon as possible because the lien claim is limited to the amount of the general contract price still unpaid at the time the notice is received by the owner.
PUBLIC:
There are no statutory requirements for a preliminary notice. If a bond is provided, obtain a copy of it and find out the requirements.
2. Deadline to File Claim
PRIVATE:
Within 180 days of the date that final payment to the claimant was due.
PUBLIC:
Generally there is no statutory requirements. If a bond is provided, obtain a copy of it and find out the requirements. However, if it is a highway project the notice must be filed within ninety days after the final acceptance of the project by the state of Vermont or within ninety days from the time the taxes or contributions to the Vermont commissioner of employment and training are due and payable.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within the later of 180 days after filing the lien, if payment was due at the time the lien was filed, or 180 days after payment becomes due, if payment was not due when the lien was filed.
PUBLIC:
Generally there are no statutory requirements. If a bond is provided, obtain a copy of it and find out the requirements.
Highway projects:
Within one year after the filing of the claim.
4. Common Questions About State Lien & Bond Claims
A. Do Suppliers to Suppliers Have Lien or Bond Claim Rights?
On Private Projects:
It is not likely, but suppliers to suppliers may have lien rights. Please contact Levy von Beck & Associates for more information.
On Public Projects:
Suppliers to suppliers may have a right to bring a claim against the bond, but bonds are not statutorily required, so there is only coverage if the bond itself provides for it.
B. Is this a Full Price Lien State:
On Private Projects:
The claimant’s lien is limited to the amount of the contract price still unpaid at the time the owner receives the claimant’s preliminary notice, or, when the notice is not required, at the time the claimant files his or her lien.
On Public Projects:
Yes. This is a full price lien state.
