Virgin Islands Mechanics Lien Form
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Get help filing your Virgin Islands Mechanics Lien
When unpaid on a construction project in the US Virgin Islands, parties may file a mechanics lien to secure their right to payment. The Virgin Islands mechanics lien must be filed with the Recorder of Deeds in US Virgin Islands. If a Notice of Commencement was filed on the project, get a copy (or document reference number), as the mechanics lien must identify the Notice of Commencement and its recording number within the lien. Also, when sending notice of the lien to the owner, send it to the agent referenced within the NOC.
Fill out the form on the right to download your Virgin Islands Mechanics Lien Form. Use this form to file a lien in Virgin Islands.
Rules and regulations for sending a Virgin Islands Mechanics Lien
In the US Virgin Islands, a mechanic's lien must be filed within 90 days from last furnishing labor and/or materials to a construction project. This deadline marks the end of this 90 day period, and your lien is due. If the project is bonded, the deadline is reduced to 60 days. To calculate this date, add your last furnishing date as the "Date of Last Furnishing to a Project with a Payment Bond."
After completing the Virgin Islands Mechanics Lien Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
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Is a notice of intent to lien always required?
You should retain a construction attorney to evaluate your legal situation and to provide advice. The legal analysis for your question would depend on whether you are working on a commercial project or a residential project, and during what month you performed the work for which you have not been paid.
To perfect a subcontractor's lien claim for a progress payment, the subcontractor would have to provide notice of non-payment and to request that the owner trap funds by the 15th day of the third month (for commercial projects) or by the 15th day of the second month (for residential projects).
You may have a right to file a mechanic's lien for the 10% retainage that the owner is required to withhold from the original contractor. But, again, retain a construction attorney to evaluate your legal situation and to provide advice.