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.
Others are asking about Virgin Islands Mechanics Lien
What happens if a contractor refuse payment after being fired???
An unlicensed contractor does not have lien rights. He can file a lien, but he would not be able to enforce it.
Can a contractor working on a cost-plus arrangement, file a mechanic's lien?
If the property is the owner's homestead (meaning that the owner owns the property and lives there) then the contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records.
You really should retain a construction attorney to review and evaluate the legal positions based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and the contractor really needs to make sure that if he file a lien, he has properly and appropriately done so.
Filing an invalid lien could subject the lien filer to liability under the Texas Fraudulent Lien Act, and the filer could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.
Back to your question, a cost plus contract can support the filing of a mechanic's lien, if the filing requirements have first been satisfied.
Can I have a mechanic lien removed that has been filed on my homestead residence in Texas?
Texas law is meant to protect homesteads at virtually all
costs. First, you should make sure your property is considered your homestead.
If you reside there most of the time, it is likely your homestead (though more
facts are needed to confirm this).
Assuming the property is your homestead, there are several
steps the contractor needs to do for the lien to be enforceable. These include getting
a written contract signed before the work begins; the contract must have been signed
by you and your spouse (if the home is owned by you and your spouse); specific
language in the contract is required; the contract must have been filed in the
county property records in the county where the property is located before the
lien was filed; and the lien must include specific language per Texas Property
Code 53.254. The contractor was also required to give you a statutory disclosure
as well before starting work. Also, for a contract entered prior to Jan. 2022, the
statute of limitations to foreclose was two years. Given your description, it
is also possible the statute of limitations ran on the contractor’s foreclosure
of lien claim, further preventing them from enforcing the lien.
You should discuss in more detail with a construction
attorney and have them review the lien. They may be able to help you take
action to remove the lien and possibly have the contractor complete the work
they were hired to perform. Let me know
if I can help further.
This answer is general and should not be construed as legal advice, as we do not
know the specific facts of your legal issue. Any comments provided are general
and not meant to create an attorney-client relationship. If you would like more
information, feel free to contact our office. Thanks, Mario Lamar, Attorney at
Allen Bryson, PLLC, 4131 N. Central Expwy, Suite 900, Dallas, Texas 75204