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 mechanics lien must be filed within 90 days of your last date of furnishing labor and/or materials to the project. This marks the expiration of that period, and your claim of lien for this project must be filed before this date. 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
Liens
This is only a portion of the contract; however, regardless, GENERALLY, indemnifcation clauses cannot stop the subcontractor from liening the project (I have never heard of such a case, with that being said, there is not enough information here). If you need assistance with a lien, please let us know.
Lien Rights
Doug, very complex question, more information is likely needed. Generally, if a project is private, you'd have lien rights as against the respective real property where the project is located. In Connecticut, if the project is public, bonding would be necessary for the project and there would have to be a bond to make a contractor/subcontractor/materialman whole as you would not be able to foreclose on the project. Regardless of lien rights, are there payment bonds invovled? As to the lien rights issue, that would likely require some legal research and additional facts and circumstances.
Does a subsidiary have the same lien rights as the parent company?
An LLC and INC are seperate legal entities, similar to two people being two different people. Frequently if a business wants to preserve the rights of the transferred business, they may complete an Agreement and assignment of assumption, and send out notices of the assignment and name change. It always helps to protect yourself by having the client sign an agreement with the new business and acknowledging the name and business entity change.
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