Vermont Statutes Annotated

Vt. Stat. Ann. tit. 09, § 1924 (2026)

Action to enforce lien

✓ current as of May 2026

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Subchapter 001 : CONTRACTORS' LIENS FOR LABOR OR MATERIAL

(Cite as: 9 V.S.A. § 1924)

§ 1924. Action to enforce lien

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. If he or she obtains judgment in the action, the record of such judgment shall contain a brief statement of the contract upon which the same is founded. (Amended 2003, No. 144 (Adj. Sess.), § 3.)

Notes of Decisions

Cited in 21 cases (3 in the last 5 years), 1965–2025 · leading case: Newport Sand & Gravel Co. v. Miller Concrete Constr., Inc., 614 A.2d 395 (Vt. 1992).

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Newport Sand & Gravel Co. v. Miller Concrete Constr., Inc., 614 A.2d 395 (Vt. 1992). · cites it 4× “In seeking an attachment pursuant to 9 V.S.A. § 1924, plaintiff presented evidence that it was likely to recover the sum of $25,349.”

Filter Equip. Co. v. Int'l Bus. MacHines Corp., 458 A.2d 1091 (Vt. 1983). · cites it 4× “§ 1923, and exactly three months after the date of last shipment it filed its action in Chittenden Superior *501 Court against IBM and the subcontractor, under 9 V.S.A. § 1924, seeking to enforce its lien and asking for attachment of IBM’s realty.”

Glinka v. Hinesburg Sand & Gravel, Inc. (In Re APC Constr., Inc.), 132 B.R. 690 (D. Vt. 1991). · cites it 4× “3 The property is charged with a contractor’s lien when the claimant files notice of lien by written memorandum with the town clerk.”

Dj Painting, Inc. v. Baraw Enter., Inc., 776 A.2d 413 (Vt. 2001). “In its five count complaint, plaintiff sought (1) to perfect the lien by attaching Baraw’s property pursuant *241 to 9 V.S.A. § 1924; (2) to recover for unjust enrichment against Baraw; (3) to recover in quantum meruit against Baraw; (4) to recover for breach of contract against…”

Wharton v. Tri-State Drilling & Boring, 2003 VT 19 (Vt. 2003). · cites it 2× “TriState contends that the expiration of the mechanics’ lien pursuant to 9 V.S.A. § 1924 rendered the mechanics’ lien void on its face and therefore removed any cloud on title as a matter of law.”

In Re Ahokas, 361 B.R. 54 (Bankr. D. Vt. 2007). · cites it 2× “It is the Debtor’s position that the lien did not satisfy all of the procedural prerequisites of the mechanic’s lien statutes because it neither contained a statement of the contract upon which the judgment was founded, as required pursuant to 9 V.S.A. § 1924, nor demonstrated…”

In Re Rainbow Trust, 216 B.R. 77 (2d Cir. BAP 1997). · cites it 3× “9 V.S.A. § 1924 (1997). § 1925. Foreclosure Within five months after the date of such judgment, the plaintiff may cause a certified copy of the record thereof to be recorded in the office of the clerk of the town in which such real estate .”

Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Constr., Inc.), 112 B.R. 89 (Bankr. D. Vt. 1990). “They provide in pertinent part: One result of the change is that real estate attachment required under 9 V.S.A. § 1924 to perfect a mechanic’s lien must now, like other real estate attachments, be on motion and notice under the rule.”

Pike Indus., Inc. v. Middlebury Assocs., 398 A.2d 280 (Vt. 1979). “On March 6, 1975, this action was brought to comply with 9 V.S.A. § 1924. The original complaint alleged direct contracts with Bean and with Middlebury Developers, Inc.”

Richardson Eng'g Co. v. Int'l Bus. MacHines Corp., 554 F. Supp. 467 (D. Vt. 1981). “Plaintiff levels three attacks on the waiver, all unavailing.”

In Re Summit Ventures, Inc., 135 B.R. 483 (Bankr. D. Vt. 1991). · cites it 2× “"Within three months from the time of filing such memorandum, if such payment is due at the time of such filing and within three months from the time such payment becomes due, if not due at the time of such filing, such person may commence his action for the same, and cause such…”

Woodbury Lumber Co. v. McIntosh, 211 A.2d 240 (Vt. 1965). · cites it 3× “To perfect a mechanic’s lien for the equipment and materials used in the barn construction, the plaintiff brought separate suits under 9 V.S.A. § 1924 against Abare in Chittenden County and the Mclntoshes in Lamoille County.”

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