2019 US Virgin Islands Code
Title 28 - Property
Chapter 12 - Construction Liens
Subchapter I - General Provisions
§ 251. Definitions
- Whenever used in this chapter, unless the context otherwise requires:
(a) “Claimant” means any person having a lien or right to a lien upon real estate under this chapter and includes his successor in interest.
(b) “Contract price” means the amount agreed upon by the contracting parties for performing services and furnishing materials covered by the contract, increased or diminished, as the case may be, by the price of any extras or change orders, or by any amounts attributable to altered specifications, defects in workmanship or materials or any other breaches of the contract. No liquidated damages between the owner and a prime contractor shall diminish the contract price as to any other lienor. If no price is agreed upon by the contracting parties “contract price” means a reasonable price for all labor, services or materials covered by the contract, with any increases and diminutions, as above provided.
(c) “Furnish materials” means (1) supply materials which are:
(A) incorporated in the improvement including normal wastage in construction operations; or
(B) specially fabricated for incorporation in the improvements and not readily resaleable in the ordinary course of the fabricator's business even though not actually incorporated in the improvements; or
(C) used for the construction or for the operation of machinery or equipment used in the construction and not remaining in the improvement, subject to diminution by the salvage value of such materials; and
(2) also includes supplying tools, appliances, or machinery used on the particular improvement to the extent of the reasonable rental value for the period of actual use and any reasonable periods of non-use taken into account in the rental contract. The delivery of materials to the site of the improvement, whether or not by the claimant, creates a presumption that the materials were used in the improvement.
(d) “Owner” means the owner of any interest in the real estate being improved.
(e) “Perform or furnish” when used in connection with the word “services” or “materials” means performance or furnishing by the claimant or by another for him.
(f) “Services” does not include financing or activities in connection with financing.
