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Lien waivers by state · Vermont

Vermont lien waiver requirements

Vermont is a non-statutory state

Vermont does not prescribe a mandatory statutory lien-waiver form, so waivers may be freely worded; there is no required wording, notarization, or filing for a waiver to be valid. The one substantive statutory restriction is that a mechanics lien may NOT be waived in advance of the labor being performed or materials furnished, and any contract provision calling for such advance waiver is unenforceable (9 V.S.A. § 1921(f)). Vermont also does not require payment to have been made before a waiver is effective.

Statute: 9 V.S.A. §§ 1921-1924 (lien waiver / advance-waiver prohibition at § 1921(f))

Vermont lien waiver forms

The four standard waiver-and-release types and Vermont’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Vermont statute does not require lien waivers to be notarized; corroborated by Levelset and National Lien Services. (Note: the lien notice/memorandum itself recorded with the town clerk is a separate document with its own recording requirements.)
Mandatory statutory language: No statutorily mandated waiver language. Because the form is unregulated, parties should draft carefully to avoid waiving more than intended. The only statutory limit is that advance waivers (before work/materials are furnished) are unenforceable (9 V.S.A. § 1921(f)).
Electronic signatures accepted

Key Vermont deadlines

Preliminary / pre-lien notice: Not required. Vermont does not require a preliminary notice to preserve mechanics lien rights.
Notice of intent to lien: Not required (no notice of intent to lien is mandated before recording)
Mechanics lien filing deadline: Within 180 days from when payment became due for the last labor performed or materials furnished, record a notice/memorandum of lien with the town clerk; then file suit to enforce within 180 days of recording the memorandum (9 V.S.A. §§ 1923-1924).

Vermont lien waiver FAQ

Does Vermont require a specific lien waiver form?

No. Vermont does not require any specific statutory lien-waiver form; waivers may be freely worded. The only statutory restriction is that lien rights cannot be waived in advance of performing the work or furnishing materials (9 V.S.A. § 1921(f)).

Do lien waivers need to be notarized in Vermont?

No. Vermont law does not require lien waivers to be notarized for them to be valid.

Can lien waivers be signed electronically in Vermont?

Yes. Vermont's Uniform Electronic Transactions Act (9 V.S.A. ch. 20) gives electronic signatures legal effect, and lien waivers are not among its exclusions, so they can generally be signed electronically.

What is the deadline to file a mechanics lien in Vermont?

You must record a notice/memorandum of lien with the town clerk within 180 days from when payment became due for the last labor or materials furnished, then commence an enforcement action within 180 days of recording (9 V.S.A. §§ 1923-1924).