US Virgin Islands Mechanic's Lien Guide

A subcontractor should give written notice tied to the furnishing of materials or services in order to preserve lien rights under the US Virgin Islands Construction Lien Act (28 V.I.C. § 251 et seq.). As a best practice, give this notice within 10 days of first furnishing labor or materials. Recording a notice of lien is not, by itself, notice to the owner. The owner may continue making payments to the contractor that reduce the owner's liability to the claimant until the owner receives the claimant's notice of the right to claim a lien (see 28 V.I.C. § 256). Sending the notice early protects the amounts not yet paid at the time notice is given.

A separate Notice of Intent to Lien is not required in the US Virgin Islands.

A claimant's lien does not attach and cannot be enforced unless a Notice of Lien is recorded not later than 90 days after the claimant's final furnishing of materials or services (28 V.I.C. § 264(a)). File with the Office of the Recorder of Deeds for the district where the property is located. A subcontractor's lien is limited to the lesser of (1) the amount unpaid under the subcontractor's contract, or (2) the part of the contract price remaining unpaid under the prime contract (28 V.I.C. § 256).

The window to file suit to enforce (foreclose) the recorded lien is not clearly specified for this guide. Because the enforcement deadline is short and time-sensitive, you should consult a Virgin Islands lien attorney immediately after recording the Notice of Lien to confirm the exact deadline and preserve your claim.