Bond or Lien Claim-Public Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Claim on Bond and Lien for Public Improvement.

Scope: State of Vermont, Public Works.

Time Constraints: These depend on the type of claim you are filing, if not both:

Public Improvement Lien: If you have not been paid in full, you must record your lien claim with the Town Clerk in which the property is located, then serve your Notice of Claim on Bond and Lien for Public Improvement within 120 days of the date the debt became due.

Public Bond: There are no specific requirements as to bond claims in the State of Vermont. Look to a copy of the bond for time constraints and limitations. The sole exception is the Depar®ent of Transportation project, which must be served within 90 days of the project's acceptance.

Serve a copy of said notice by certified mail or personal service on the public entities, general contractors and sureties (your customer is optional).

Perfection: Lien Claim: To perfect your Lien Claim, you must file suit to enforce the lien within 3 months of recording your claim.

Payment Bond: Where a Payment Bond has been provided by a surety file suit against the surety within the time frame required by the bond. On Depar®ent of Transportation bonds, suit must be filed within 1 year of the claim filing.

The usual remedy is to file to enforce all claims in one suit (see below “Procedures”). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D and any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the public entities and sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond and Lien for Public Improvement and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien for Public Improvement immediately on the public entities and sureties within the time constraints listed above. Service on the general contractors and your customer is optional.

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