Vermont Waivers

  • In Vermont, lien rights may not be waived in advance, and any provision calling for an advance waiver is unenforceable, 9 V.S.A. §1921(f).
  • A pay-if-paid clause does not likely waive lien rights.
  • "Paid if Paid":  Vermont courts have not yet interpreted the prompt payment statute. It is unclear whether a "pay-if-paid" clause would be enforced in the state.

Retainage Provisions

Public & Private

  • The rate of retainage is not specified by statute. Any amount retained must be released to
    the contractor within 30 days after complete acceptance of the work. Even in the absence of an
    owner's imposition of retention on a contractor, a contractor is entitled to impose retainage on its
    subcontractors. VT. STAT. ANN. tit. 9, § 4005.