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File affidavit required by statute within 15 days of commencing work (Voluntary) | Must be filed within 90 days of last day work performed. Action to enforce must be commenced within 1 year after recording lien. |
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Notice of Intent to owner and prime contractor before filing lien (w/in same 90 day period). | Must be filed within 90 days of last day work performed. Action to enforce must be commenced within 1 year after recording lien. |
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Notice of Intent to owner and prime contractor before filing lien (w/in same 90 day period). | Must be filed within 90 days of last day work performed. Action to enforce must be commenced within 1 year after recording lien. |
Connecticut Mechanics Lien Frequently Asked Questions
It’s easy to file Connecticut mechanics liens with Zlien, the web’s leading mechanics lien compliance manager and filing service. Zlien also prepares and files Connecticut mechanics lien releases, Contractor Affidavits, and Notices of Intent to Lien. To learn more about Connecticut mechanics lien laws, read the frequently asked questions below.
Connecticut Mechanics Lien FAQs
Who can file a Mechanic’s Lien?
Connecticut law requires the use of a two-part test in order to determine if a party has mechanics lien rights. The “physical enhancement test” requires that the services or materials must enhance the property physically, lay the groundwork for same, or be an essential part in the scheme of physical improvement. In addition, the labor or materials must have been provided in the construction, raising, removal, or repair of a building or its appurtenances, or in the improvement or subdivision of any plot of land. The value of rental equipment is allowed.
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When is the Deadline to File a Mechanic’s Lien?
In order to be valid, a Connecticut mechanic’s lien must be recorded within 90 days of the last day on which the lien claimant performed services or furnished materials.
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Do I Need to Send Notice the Lien Was Recorded?
Yes. Connecticut requires that, not later than 30 days after the Certificate of Lien is filed with the town clerk, a true and attested copy of the certificate must be served on the owner of the property. Service, in this case, is defined as follows: “if the owner or original contractor resides in the same town” as the property service may be “by any indifferent person, state marshal or other proper officer, by leaving with such owner or original contractor or at such owner’s or the original contractor’s usual place of abode”. If the owner or original contractor does not reside in the same town as the property, the indifferent person, state marshal or other proper officer may effect service “by mailing a true and attested copy of the notice by registered or certified mail to the owner or original contractor at the place where such owner or the original contractor resides. If such copy is returned unclaimed, notice to such owner or original contractor shall be given by publication.”
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Can I Include Attorney’s Fees, Collection Costs, or Other Amounts in the Lien Total?
No mechanic’s lien may attach to the property in an amount greater than the amount the owner agreed to pay for the building and its appurtenances. Indirect or consequential damages are not allowed in lien claims in Connecticut. Attorney fees may be awarded in a successful foreclosure action.
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When is the Deadline to Enforce a Mechanic’s Lien, or, How Long is My Lien Effective?
An action to enforce a mechanic’s lien in Connecticut must be initiated no later than one year from the date on which the lien was recorded. Failure to initiate a foreclosure action by this deadline will result in the lien being extinguished.
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Will My Lien Have Priority Over Pre-Existing Mortgages or Construction Loans?
In Connecticut, a mechanic’s lien takes precedence over any other encumbrance that originate after services or materials were provided to the property. Only encumbrances that were recorded prior to the initial furnishing of services or materials have preference over a valid mechanic’s lien. Note that the date the encumbrance was recorded is the controlling date, not the date of execution – so a mortgage that was executed but not recorded until after services were performed is subsequent in priority to a valid mechanic’s lien. All mechanic’s liens are of the same priority, and if the total amount of several mechanic’s liens exceeds the lienable fund, the lien claims may be apportioned.
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Must the Lien Include a Legal Property Description?
No. A mechanic’s lien in Connecticut requires a description of the premises. A description of the property is sufficient if it describes the property to be liened such that it can be reasonably identified. A street address has been held sufficient for these descriptive purposes.
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Must the Lien Include be Notarized?
Yes. Connecticut law requires that the lien be attested to under oath and must be notarized to be valid.
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Can I File a Lien if I’m Unlicensed?
It depends. There is no specific requirement in Connecticut that a lien claimant must be licensed to file a valid mechanic’s lien in most cases. However, on residential projects, only registered contractors who comply with the Home Improvement Act or New Home Construction Contractors Act have lien rights with the exception that a licensed professionals are not required to comply with the HIA or NHCCA when they are performing the work for which they are licensed.
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Can I File a Lien on a Condominium Project?
A mechanic’s lien may be filed against an individual condominium just as against every other property. If a claim is to be filed against a condominium project as a whole such that it is to attach to each unit in a condominium development, each individual owner must be served.
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Who Cancels the Lien if/when I get Paid?
There is no specific provision in Connecticut law that outlines who must cancel a mechanic’s lien after payment, or when that cancellation must be filed. However, an invalid lien must be discharged by the lienor within 30 days of receiving written notice from a person with an interest in the liened property that the lien is invalid. Failure to do so may result in penalties.
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Connecticut Preliminary Notice FAQs
Do I need to send a Preliminary Notice?
Connecticut does not require any notice prior to performing work on the project. However, the general contractor is allowed to file an affidavit with the town clerk in the town in which the property is located. If the affidavit is properly filed within 15 days after commencement of work subcontractors and suppliers are required to serve the original contractor (besides the property owner) with a copy of any notice of intent to file a lien.
All lien claimants who do not have a direct contractual relationship with the property owner must provide a Notice of Intent to Lien to the owner (and the original contractor if an affidavit was filed with the town clerk) within the 90-day period in which the Certificate of Lien must be filed, and before filing the Certificate of Lien.
When do I need to send a Preliminary Notice?
The Affidavit filed by the original contractor must be filed within 15 days from the commencement of work.
The Notice of Intent to Lien must be filed within the 90-day period in which a Certificate of Lien may be filed, and prior to the filing of the Certificate of Lien.
What if I send the Preliminary Notice Late?
The Affidavit is not a required filing in Connecticut, so the original contractor’s lien rights are not affected by the failure to file an Affidavit. However, if the original contractor does not file an affidavit he is not entitled to be served with a copy of a subcontractor’s, supplier’s, or materialman’s Notice of Intent to Lien.
Failure to provide the Notice of Intent to Lien within the statutorily mandated time frame is fatal to the lien claim in Connecticut.
How Should the Preliminary Notice be Sent?
The original contractor’s Affidavit is to be filed with the town clerk in the town in which the subject property is located.
Connecticut rules for serving the Notice Intent to Lien are strict. Connecticut law requires that “the notice shall be served upon the owner or original contractor, if such owner or original contractor resides in the same town in which the building is being erected, raised, removed or repaired or the lot is being improved, or the plot of land is being improved or subdivided, by any indifferent person, state marshal or other proper officer, by leaving with such owner or original contractor or at such owner’s or the original contractor’s usual place of abode a true and attested copy thereof. If the owner or original contractor does not reside in such town, but has a known agent therein, the notice may be so served upon the agent, otherwise it may be served by any indifferent person, state marshal or other proper officer, by mailing a true and attested copy of the notice by registered or certified mail to the owner or original contractor at the place where such owner or the original contractor resides. If such copy is returned unclaimed, notice to such owner or original contractor shall be given by publication”. Special care should be taken to serve every property owner, because “when there are two or more owners, or two or more original contractors, the notice shall be so served on each owner and on each original contractor”.
Do I have to send the Preliminary Notice to Someone Other than the Owner?
The original contractor’s affidavit must be filed with the town clerk of the town in which the subject property is located.
The Notice of Intent to Lien must be served on the owner, and if the original contractor properly filed the affidavit, the Notice of Intent to Lien must be served on the original contractor as well. If there is more than one owner and/or more than one original contractor notice must be served on every owner and every original contractor.
Is the Preliminary Notice Considered Delivered When Sent or When Received?
The Preliminary Notice is considered delivered when delivered in person, or if sent through the mail when received, or, if sent through the mail and refused after publication as set forth in the Connecticut General Statutes.
Connecticut Legal Updates
- October 12th 2011
FAQ: Are We Required To Deliver A Notice Of Intent To Lien Before Filing Our Lien?
See original article at FAQ: Are We Required To Deliver A Notice Of Intent To Lien Before Filing Our Lien?Shor... - October 12th 2010
New Case Explains Priority of Liens in Connecticut
See original article at New Case Explains Priority of Liens in ConnecticutSometimes, a claimant’s mechan...
