- 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.
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