reglab/housing_qa huggingface dataset:
V.I. Code tit. 28, § 259 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter II - Existence and Priority of Liens|§ 259. Contractor's payment bond; no lien attaches

 (a) No lien shall attach to the real estate in behalf of any claimant other than the prime contractor if the owner or the prime contractor, prior to commencing the improvement under the contract between the owner and prime contractor, procures from a surety company authorized to do business in the Virgin Islands a payment bond meeting the requirements of this section. (b) Subject to subsection (c) the bond must obligate the surety company to pay all sums due to subcontractors and subsubcontractors for services and materials supplied to the prime contractor or to a subcontractor pursuant to the contract under which the lien would otherwise arise. (c) The amount of the payment bond shall be not less than the following percentages of the total contract price payable to the prime contractor; (1) 50 percent of the contract price up to $1,000,000; (2) 40 percent of that portion of the contract price above $1,000,000 and up to $5,000,000; and (3) 35 percent of that portion of the contract price above $5,000,000. If the total amount payable by the terms of the owner's contract with the prime contractor is indefinite, the payment bond shall be in a sum which the owner and prime contractor in good faith believe is at least one-half of the amount which is or would have been due to the prime contractor if he performs, or would have performed, the contract according to its terms; Provided, subcontractors and subsubcontractors to whom the payment bond applies may file a notice of lien, but the lien shall be enforceable only against the real estate for an amount which is not covered by the bond. In addition to the requirements of section 264 of this title, the notice of lien under this subsection shall state that a notice of payment bond has been filed and shall give the reference location for the notice of payment bond. (d) If a bond has been procured pursuant to this section, notice thereof shall be recorded under section 267 of this title. (e) The person acquiring the bond shall furnish a true copy of any bond procured under this section at cost of reproduction thereof to any claimant on request, and, for refusal to furnish a copy without justifiable cause, shall be liable to the claimant for any damages caused by the refusal or failure. (f) No claimant may recover under the surety bonds provided in this section unless he (1) within 60 days after completion of his performance, gives the surety and the contractor notice of the amount due, and (2) institutes suit against the surety within one year after the completion of his performance. (g) A subcontractor or subsubcontractor having a claim under the bond has a direct right of action against the surety. (h) The obligation of a surety under this section shall not be affected by any change or modification of the contract between the prime contractor and the owner but the total liability of the surety shall not be greater than the penal sum of the bond.
V.I. Code tit. 28, § 260 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter II - Existence and Priority of Liens|§ 260. Substitution of surety bond; release of lien

 (a) If the owner of property, or the owner of any interest therein, sought to be charged with a claim of lien, or any original contractor or subcontractor disputes the correctness or validity of any claim of lien, he may record in the office of the recorder in which the notice of lien was recorded, either before or after the commencement of an action to enforce such claim of lien, a notice of a bond executed by a corporation authorized to issue surety bonds in the Virgin Islands, in a penal sum equal to 1½ times the amount of the claim or 1½ times the amount presumptively allocated under section 255 of this title to the parcel or parcels of real property sought to be released, which bond shall be conditioned for the payment of any sum which the claimant may recover on the claim together with his costs of suit in the action, if he recovers therein. Upon the recording of such bond the real property described in such bond is released from the lien and from any action brought to foreclose such lien. The principal upon such bond may be either the owner of the property or the owner of any interest therein, or any original contractor, subcontractor, or subsubcontractor affected by such claim of lien. The person procuring the bond shall mail a copy of the bond by registered or certified mail to the claimant of the lien sought to be released. (b) Release of the real estate from the lien under this section does not otherwise affect the rights of the claimant and he may proceed to establish his claim under this chapter and, upon determination that he is entitled to a lien, the court shall order the surety company to pay the sums found to be due.
V.I. Code tit. 28, § 261 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter III - Recording of Liens|§ 261. Place of recording; what constitutes recording; recording fee

 (a) All documents authorized or required to be recorded by this chapter shall be recorded as provided for by law, in the office of the recorder in the district in which the real estate improvement is to be undertaken. (b) In addition to the other requirements imposed on him by law, the recording officer shall: (1) index each notice of commencement and notice of lien in the tract index and in the name of the owner and the claimant; and (2) note the recording of any other document entitled to recording under this chapter at the index entry for the notice of lien and notice of commencement to which it relates. (c) Any recorded document substantially complying with the applicable provisions of this chapter is effective even though it contains minor errors which are not seriously misleading. (d) Recording fees shall be as provided in section 133 of this title.
V.I. Code tit. 28, § 262 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter III - Recording of Liens|§ 262. Recording notice of commencement; notice of termination

 (a) A notice of commencement of real estate improvements signed by the owner may be recorded. (b) The notice of commencement shall be denominated “notice of commencement” and shall state: (1) the real estate being improved, with a description thereof sufficient for identification; (2) the name and address of the owner, his interest in the real estate, and the name and address of the fee simple title holder, if other than the owner filing the notice of commencement; (3) the name and address of the person to whom notifications concerning construction liens may be given. (c) Except as provided in subsection (e), a notice of commencement continues effective for a period of five years from the date it is recorded. (d) A notice of commencement is effective as to all improvements made on real estate whether or not they were contemplated at the time of the recording. (e) The owner may terminate the period of effectiveness of a notice of commencement by filing a notice of termination which contains: (1) the same information as the notice of commencement; (2) the recording office document reference number and date of the notice of commencement; and (3) a statement of the date as of which the notice of commencement is terminated, which date may not be earlier than 30 days after the notice of termination is filed. The notice of termination may apply to all or any portion of the real estate subject to the notice of commencement. (f) The notice of termination is effective to terminate the notice of commencement at the later of [sic] 30 days after filing of the notice of commencement or the date stated in the notice of termination as the date on which the notice of commencement is terminated.
V.I. Code tit. 28, § 263 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter III - Recording of Liens|§ 263. Wrongful recording of notice of termination

 (a) An owner has an obligation to lien claimants not to record a notice of termination except after stoppage or completion of the work on the improvement or in connection with sale of a completed portion of the real estate being improved. (b) If an owner improperly records a notice of termination he is personally liable to a lien claimant to the extent that the claimant is unable to realize on a lien because of the improper recording.
V.I. Code tit. 28, § 264 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter III - Recording of Liens|§ 264. Recording notice of lien; recording cancellation of lien

 (a) A claimant's lien does not attach and shall not be enforced unless he has, not later than 90 days after his final furnishing of materials or services, recorded a notice of lien. (b) A notice of lien recorded prior to the time a claimant is entitled to final payment is effective only if (1) a portion of the price due him is past due, or (2) a notice of commencement is effective as to the real estate at the time of recording. (c) The notice of lien shall be signed by the claimant and shall state: (1) the name and address of the claimant; (2) the name and address of the person with whom the claimant contracted; (3) the services performed or to be performed or materials furnished or to be furnished for the improvement and the contract price thereof; (4) the amount unpaid, whether or not due, to the claimant for the services or materials (if no amount is fixed by the contract a good faith estimate of the amount to be due shall be made); (5) the time when the first and last services were performed and materials were furnished or if either event has not yet occurred, an estimate of the time or times; (6) the real estate subject to the lien, with a description thereof sufficient for identification; (7) the name of the person against whose interest in the real estate a lien is claimed; and (8) either a reference to the notice of commencement under which the notice of lien is recorded with the recording office document location reference thereto or a statement of the date when the contract price or a part thereof became due. (9) if separate lots, parcels or tracts of real estate are being improved under a single notice of lien, and if the contract specifies how the materials are to be apportioned among the lots, parcels or tracts, the notice of lien shall state the information required in this subsection, and, in addition, shall state how the furnishing of materials is to be apportioned. (10) the reference location for the payment bond as required by section 259(c) of this title. (d) Recording of notice of lien is not notice to the owner of any claim of lien and the owner may continue making payments under his contract which reduce his liability to the claimant until he receives notification from the claimant of his right to claim a lien as provided in section 256 of this title. (e) A claimant shall record a signed statement that a notice of lien shall be cancelled, in full or in part, when the claimant's lien has been fully or partially satisfied by payment of part or all of the contract price by recovery of a judgment either through foreclosure of the lien or through a personal judgment recovered for part or all of the contract price. The cancellation statement must include the reference location for the notice of lien being fully or partially cancelled, and must be recorded within ten (10) days of the full or partial satisfaction of the lien.
V.I. Code tit. 28, § 265 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter III - Recording of Liens|§ 265. Amendment of notice of lien; notice of extension of credit

 (a) Any notice of lien may be amended or credit extended as provided in section 271 of this title by an additional recording at any time during the 90-day period following recording of the notice of lien. An amendment which increases the amount of the claimed lien, or describes different or additional real estate or owners, is effective only from the time of recording of the amendment. (b) An amendment does not extend the period of effectiveness of a recorded lien except as provided in subsection (a) of this section. (c) An extension of credit extends the period of effectiveness of a recorded lien as provided in section 271 of this title. (d) An amendment or notice of extension of credit shall set forth the recording office document location reference and date of recording of the notice of lien being amended or under which credit is being extended and shall state the respects in which the original notice of lien is being amended or that the recording is for the purpose of giving notice of extension of credit. If separate lots, parcels or tracts of real estate are being improved under a single notice of lien, the amendment or notice of extension of credit shall specify which lot, parcel or tract is being affected by the amendment or extension of credit; if the amendment or notice of extension of credit does not so specify, the presumption under section 255(b) of this title shall apply.
V.I. Code tit. 28, § 266 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter III - Recording of Liens|§ 266. Filing assignment of lien

 (a) A claimant may assign or record his right under a notice of lien by recording a written statement of assignment signed by him which sets forth the name of the claimant of record, the name and address of the assignee, the person against whom a lien is claimed, the real estate affected with a description thereof sufficient for identification, and the recording office document location reference and date of the recording of the notice of lien. (b) Recording of the assignment is not notice to the owner and he may continue to deal with the original claimant in respect to the claim until he receives notice of the assignment and a direction that no arrangements or payments may be made without the assignee's consent. (c) Unless a statement of assignment is recorded, the assignee need not be a party to any action to foreclose a security interest, lien, or other encumbrance. (d) Unless otherwise provided by law, the failure to record a statement of assignment shall not otherwise affect its validity.
V.I. Code tit. 28, § 267 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter III - Recording of Liens|§ 267. Filing notice of payment bond

 (a) If a prime contractor or owner has secured a payment bond under section 259 of this title a notice of surety bond shall be recorded. (b) The notice shall be signed by the contractor or owner and by the surety company and shall state: (1) the real estate being improved with a description thereof sufficient for identification; (2) the name and address of the owner and of the prime contractor; (3) the name and address of the surety company and the name of a person on whom service of process may be made; and (4) a statement that the bond meets the requirements of section 259 of this title; and (5) the amount of the payment bond.
V.I. Code tit. 28, § 268 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter III - Recording of Liens|§ 268. Recording notice of a surety bond for release of lien

 (a) The notice of a surety bond recorded as provided in section 260 of this title shall state: (1) the real estate being improved with a description thereof sufficient for identification; (2) the name and address of the person in whose behalf the bond was procured; (3) the amount of the bond, the name of the surety company, an address at which claims may be presented to it, the name and address of a person on whom service of process may be made and that it is authorized to do business in this Territory; (4) the name of the claimants, for which the surety bond was procured, the amount of their claims, and the applicable recording office document location references.
V.I. Code tit. 28, § 269 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter III - Recording of Liens|§ 269. Recording notice of commencement of action

 (a) A claimant, after instituting action to enforce a lien, shall record a notice of the commencement of action in the office in which the notice of lien was recorded. The notice shall be signed by the claimant or his attorney and shall refer to the notice of lien under which it is recorded, giving the recording office document location reference and date of recording of the notice of lien, the name of the owner and of the claimant, the amount of lien claimed, and an identifying reference to the action commenced. (b) Only from the time of recording such notice shall a purchaser or encumbrancer of the property affected thereby be deemed to have constructive notice of the pendency of the action, and in that event only of its pendency against parties designated by their real names.
V.I. Code tit. 28, § 270 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter III - Recording of Liens|§ 270. Discharge of lien

 (a) A lien provided by this chapter shall be discharged of record by any of the following methods: (1) a signed statement of the claimant of record, recorded in the office where the notice of lien is recorded, stating that the lien is satisfied and may be cancelled of record; or (2) by failure to record notice of the commencement of an action to enforce the lien or notice that no cause of action has accrued within the time prescribed in section 271 of this title; or (3) by recording in the office where the notice of lien is recorded the original or certified copy of a judgment or decree of a court of competent jurisdiction showing a final determination of the action adverse to the claimant; or (b) A statement under subsection (a)(1) or a judgment under subsection (a)(3) shall set forth the recording office document location reference and date of recording of the notice of lien to which it applies.
V.I. Code tit. 28, § 271 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter IV - Enforcement of Lien|§ 271. Duration of lien, extension if credit given; maximum time after completion

 (a) No notice of lien provided for in this chapter binds any property for a period of time longer than 90 days after the recording of the notice of lien unless within that time an action to foreclose the lien is commenced in a proper court or unless within that time the claimant has recorded an affidavit, as provided in subsection (b) of this section, that no cause of action has accrued to him under the contract for which he recorded the notice of lien, except that, if credit is given and notice of the fact and terms of such credit is recorded in the office of the recorder subsequent to the recording of such notice of lien and prior to the expiration of such 90-day period, then such lien continues in force until 90 days after the expiration of such credit. In no case shall the lien continue in force longer than one year from the time of completion of the improvement. (b) A claimant may record in the office in which the lien was recorded an affidavit which states that no cause of action has accrued to him under the contract for which he recorded the notice of lien. The affidavit shall refer to the notice of lien concerned, giving the recording office document location reference and date of recording of the notice of lien, the name of the owner and of the claimant, and shall state the date when a cause of action shall accrue to the claimant. If no exact date is known, the affidavit shall give a good faith estimate of the date. If no exact date is known, the affidavit shall be effective for only 90 days, and a new affidavit must be filed. The new affidavit must state all information required in this section. If separate lots, parcels or tracts of real estate are being improved under a single notice of lien, an affidavit under this section must specify the information according to lot, parcel or tract. (c) As against any purchaser or encumbrancer for value and in good faith whose rights are acquired subsequent to the expiration of the 90-day period following the recording of the claim of lien, no giving of credit shall be effective unless evidenced by a notice recorded in the office of the recorder prior to the acquisition of the rights of such purchaser or encumbrancer.
V.I. Code tit. 28, § 272 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter IV - Enforcement of Lien|§ 272. Suit to enforce lien

 (a) If the action to foreclose the lien is not brought to trial within two years after the commencement thereof, the court may in its discretion dismiss the same for want of prosecution. (b) In all cases the dismissal of an action to foreclose the lien (unless it is expressly stated that the same is without prejudice) or a judgment rendered therein that no lien exists shall be equivalent to the cancellation and removal from the record of such lien. (c) In addition to any other costs allowed by law, the court in an action to foreclose a lien must also allow as costs the money paid for verifying and recording the lien, such costs to be allowed each claimant whose lien is established, whether he be plaintiff or defendant. (d) Whenever on the sale of the property subject to any liens provided for in this chapter, under a judgment of foreclosure of such lien, there is a deficiency of proceeds, judgment for the deficiency may be entered against any party personally liable therefor in like manner and with like effect as in an action for the foreclosure of a mortgage.
V.I. Code tit. 28, § 273 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter IV - Enforcement of Lien|§ 273. Personal actions; credit for money collected

 Notwithstanding section 531 of this title, nothing contained in this title shall be construed to impair or affect the right of any claimant to maintain a personal action to recover his debt against the person liable therefor either in a separate action or in the action to foreclose his lien, nor any right he may have to the issuance of a writ of attachment or execution. The judgment, if any, obtained by the plaintiff in such personal action shall not impair or merge any lien held by the plaintiff under this chapter, but any money collected on such judgment shall be credited on the amount of such lien.
V.I. Code tit. 28, § 274 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 12 - Construction Liens|Subchapter IV - Enforcement of Lien|§ 274. Defense by contractor at own expense; withholding and deducting funds due contractor; recovery of judgment and costs by owner

 In all cases where a claim of lien is recorded for labor, services, equipment, or materials furnished to any contractor, he shall defend any action brought thereon at his own expense, and during the pendency of such action the owner may withhold from the original contractor the amount of money for which the claim of lien is recorded. In case of judgment in such action against the owner or his property upon the lien, the owner shall be entitled to deduct from any amount then or thereafter due from him to the original contractor the amount of such judgment and costs. If the amount of such judgment and costs exceeds the amount due from him to the original contractor, or if he has settled with the original contractor in full, he shall be entitled to recover back from the original contractor, or the sureties on any bond given by him for the faithful performance of his contract, any amount of such judgment and costs in excess of the contract price, and for which the original contractor was originally the party liable.