Connecticut
PRELIMINARY NOTICE
Limited capability. C.G.S. § 49-35 provides that no person other than the prime contractor in privity with the project owner or a subcontractor whose contract with the prime contractor is in writing and has been assented to in writing by the owner(s) is entitled to claim a mechanic’s lien unless such person gives written notice of its intent to claim a lien to the owner(s) and the prime contractor within ninety (90) days after ceasing to furnish materials or render services for the construction. The prime contractor is not entitled to such notice unless not later than fifteen (15) days after commencing work such prime contractor files with the town clerk in the town in which the project is located, a written affidavit stating the name under which the prime contractor conducts business, the contractor’s address along with a description of the lot or plot of land under construction. The notice can be served with or incorporated in the lien and comply with statute. A separate service or document is not required.
CONTENTS OF PRELIMINARY NOTICE
The Notice of Intent should contain the name and address of the lienor, the date the lienor commenced and ceased to furnish materials or render services for the construction, a description of the lot or plot of land under construction, and a statement that the lienor intends to claim a lien on the building. C.G.S. §§ 49-34, 49-35. The prime contractor’s 15-day affidavit must comply with the statute by (1) stating the name under which such original contractor conducts business, (2) stating the original contractor’s business address, and (3) describing the building, lot, or plot of land. C.G.S. § 49-35.
WHEN COMPLETION OCCURS
Upon substantial completion of the work. Trivial work after substantial completion will not extend time for filing the lien unless the work is requested by owner(s). C.G.S. § 49-34 and related decisions. TIME LIMIT FOR
RECORDING MECHANICS LIEN
For Direct Contractors: Within ninety (90) days after the potential lienor ceases to perform services or furnish materials. C.G.S. § 49-34. Others: There is no distinction made between prime contractor and other persons performing services or furnishing materials. All potential lienors must file within ninety (90) days of the last day of work under their contract. TIME LIMIT FOR ENFORCING
MECHANICS LIEN
A mechanic’s lien expires upon one year after the lien has been perfected unless the lienor commences an action to foreclose by complaint in the Connecticut Superior Court. C.G.S. § 49-39. Additionally, a mechanic’s lien shall expire one year after the lien is perfected unless the lienor records a Notice of Lis Pendens on the land records in the town in which the lien is recorded. C.G.S. § 49-39.
FORECLOSURE OR DISMISSAL BY COURT
C.G.S. § 49-35a provides the owner(s) of the real estate with a judicial process for either reducing the amount of the mechanic’s lien or discharging the mechanic’s lien. C.G.S. § 49-37 provides the owner(s) of the real estate, the prime contractor [or any other interested person] with a remedy to dissolve the mechanic’s lien by substitution of a surety bond. Foreclosure by lienor is in same manner as mortgage. C.G.S. § 49-33(i).