US Virgin Islands Mechanics Lien Guide and FAQs

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US Virgin Islands Mechanics Lien Overview

US Virgin Islands

Preliminary Notice Deadlines

May file notice of commencement at beginning of construction project.


Send Your Notice

US Virgin Islands

Mechanics Liens Deadlines
90 Days

Lien must be filed within 90 days of last furnishing labor and/or material.


File A Lien Fast

US Virgin Islands

Enforcement Deadlines
90 Days

An action to enforce a mechanics lien in the US Virgin Islands must generally be initiated within 90 days of its recording.

However, VI mechanics liens may be extended each 90 days for up to 1 year.

US Virgin Islands

Preliminary Notice Deadlines

Must deliver preliminary notice to owner and prime contractor. No time requirement, but notice only preserves lien rights against amounts not paid at time notice is sent.


Send Your Notice

US Virgin Islands

Mechanics Liens Deadlines
90 Days

Lien must be filed within 90 days of last furnishing labor and/or material.


File A Lien Fast

US Virgin Islands

Enforcement Deadlines
90 Days

An action to enforce a mechanics lien in the US Virgin Islands must generally be initiated within 90 days of its recording.

However, VI mechanics liens may be extended each 90 days for up to 1 year.

US Virgin Islands

Preliminary Notice Deadlines

Must deliver preliminary notice to owner and prime contractor. No time requirement, but notice only preserves lien rights against amounts not paid at time notice is sent.


Send Your Notice

US Virgin Islands

Mechanics Liens Deadlines
90 Days

Lien must be filed within 90 days of last furnishing labor and/or material.


File A Lien Fast

US Virgin Islands

Enforcement Deadlines
90 Days

An action to enforce a mechanics lien in the US Virgin Islands must generally be initiated within 90 days of its recording.

However, VI mechanics liens may be extended each 90 days for up to 1 year.

Contractors & suppliers have strong lien rights in US Virgin Islands. If a contractor or supplier isn’t paid on an US Virgin Islands job, they can turn to filing a lien to speed up payment and protect themselves.

US Virgin Islands Mechanics Lien FAQs

Contractors, suppliers, property owners, construction lenders, and other vendors will encounter all kinds of lien-related paperwork and questions when working on US Virgin Islands construction jobs. Here are some of the common issues you may encounter, and answers written by construction attorneys and payment experts.

Lien FAQs

Who can file a US Virgin Islands Mechanics Lien?

In the US Virgin Islands, mechanics lien protection extends to general contractors, subcontractors, sub-subcontractors, and any person who provides labor and/or materials.

Note that the right to file a mechanics lien may be restricted if the prime contractor or owner obtained a bond for the project. If a bond is obtained, the claimant may only file a lien for an amount due that is not covered by the bond. To file a claim against the bond, proper notice of the claim must be filed with the surety and the prime contractor within 60 days after last furnishing labor and/or materials. Suit on the claim against the bond must be initiated within 1 year after last furnishing labor and/or materials.

When is the deadline to file a US Virgin Islands Mechanics Lien?

In the US Virgin Islands, a mechanics lien, referred to as a “Notice of Lien”, must be filed within 90 days of the date on which the lien claimant last furnished labor and/or materials to the project.

Do I need to send notice the Lien was recorded?

No. In the US Virgin Islands, the mechanics lien need only be recorded in the office of the recorder in the district in which the project takes place.

As a practical matter however, it may be best practice for a lien claimant to send a copy of the mechanics lien to the property owner as it may facilitate payment.

Can I include Attorney's Fees, collection costs, or other amounts in the Lien total?

No. For prime contractors, the lien is limited to the amount claimed to the unpaid part of the prime contract less the aggregate amount secured by the liens of all subcontractors.

For subcontractors and suppliers, the lien is limited to the lesser of the amount unpaid under its contract, or the part of the contract price remaining unpaid under the prime contract at the time the owner receives notification of the subcontractor’s right to claim the lien and any additional part of the prime contract price paid prior to the filing of a notice of commencement.

Generally, this means that the lien amount is limited to the amount unpaid under the subcontract, as the additional information may not be available to the claimant.

When is the deadline to enforce a US Virgin Islands Mechanics Lien, or, how long is my Lien effective?

In the US Virgin Islands, an action to enforce a mechanics lien must be initiated within 90 days of the lien’s recording. However, the lien may be extended for additional 90 day periods. It cannot be extended for longer than 1 year from the time of completion of the project.

Will my US Virgin Islands Lien have priority over pre-existing mortgages or construction loans?

A US Virgin Islands mechanics lien has priority over any encumbrance recorded after the date on which the mechanics lien attached.

If the owner recorded a notice of commencement and it is still effective, the claimant’s lien attaches as of the time the notice of commencement was recorded. If no effective notice of commencement is in place, the claimant’s lien attaches at the time his mechanics lien (referred to as a notice of lien) is recorded.

Competing mechanics liens have equal priority and funds are shared pro-rata if there are not enough to fully cover all claims.

Must the US Virgin Islands Lien be notarized?

No. A US Virgin Islands mechanics lien does not need to be notarized.

Can I file a US Virgin Islands Lien if I'm unlicensed?

US Virgin Islands lien law does not impose any specific licensing requirements in order to file a valid mechanics lien. However, it is never advisable to perform work unlicensed if a license is required.

Can I file a US Virgin Islands Lien on a condominium project?

Yes, a mechanics lien may be filed against an individual condominium just as against any other property, provided the lien claimant has valid mechanics lien rights.

Who cancels the US Virgin Islands Lien if/when I get paid?

US Virgin Islands law requires that a lien claimant release their lien rights upon full or partial satisfaction of the lien. The lien claimant is required to record a signed cancellation statement within 10 days of full or partial satisfaction of the lien, which must include the reference location for the notice of lien.

What are the Lien Waiver rules?

The US Virgin Islands do not have statutory lien waiver forms; therefore, you can use any lien waiver form. Since lien waivers are unregulated, be careful when reviewing and signing lien waivers.

US Virgin Islands law is silent regarding advance lien waivers.

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How to file a lien in US Virgin Islands

Need to file a US Virgin Islands mechanics lien? File your mechanics lien with Levelset, the lien experts quickly and easily. Or you can follow the 3 steps below to file a lien yourself with Levelset's free information.
Step 1
Step 2 Download your US Virgin Islands Mechanics Lien Form
Step 3 Find your US Virgin Islands County Recorder
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US Virgin Islands Mechanics Lien Free Forms

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Virgin Islands Mechanics Lien Form

When unpaid on a construction project in the US Virgin Islands, parties may file a mechanic’s lien to secure their right to payment. The Virgin...

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