Mechanics Lien Filing Package — Connecticut

Mechanics Lien Filing Package (CONNECTICUT)

Quick-Reference Summary

Part A — Pre-Lien Notice

NOTICE OF INTENT TO CLAIM MECHANIC'S LIEN (Conn. Gen. Stat. § 49-35)

Required for subcontractors and materialmen NOT in direct privity with the owner. Must be served on the owner within 90 days after the claimant ceased to perform services or furnish materials. Practitioners often combine this notice with the § 49-34 post-recording notice in a single instrument; see H&S Torrington Assocs. v. Lutz Eng'g Co., 185 Conn. 549, 555 (1981).

To (Owner of record):
[________________________________]
[________________________________]
[______________________], CT [_______]

Date of service: [__/__/____]

1. Claimant

2. Person Who Contracted with Claimant

• Name: [________________________________]
• Address: [________________________________]
• Relationship: ☐ Original Contractor ☐ Higher-tier Subcontractor ☐ Other: [_________]

3. Description of Property

• Street address: [________________________________]
• Town / City: [______________________], CT
• Tax parcel / volume/page: [________________________________]
• Legal description (or sufficient description for identification):

[____________________________________________________________]

4. Description of Services / Materials Furnished

[____________________________________________________________]

• Date claimant first performed services / furnished materials: [__/__/____]
• Date claimant last performed services / furnished materials: [__/__/____]

5. Amount Claimed

$[____________]

6. Statement of Intent

The undersigned hereby gives notice that it claims, or intends to claim, a mechanic's lien against the above-described real property in the amount stated above, in accordance with Conn. Gen. Stat. §§ 49-33 to 49-40a.

METHOD OF SERVICE (Conn. Gen. Stat. § 49-35(a)):
☐ Personal service by indifferent person
☐ Personal service by sheriff / state marshal
☐ Registered or certified mail, return receipt requested, to owner's last known address

Signature of Claimant or Authorized Agent: ______________________________
Print name / title: [________________________________]

NOTE: Service on the owner within 90 days after the last day of services/materials is essential. The same notice may also serve as the post-recording notice required by § 49-34.

Part B — Claim of Mechanics Lien

CERTIFICATE OF MECHANIC'S LIEN (Conn. Gen. Stat. § 49-34)

Recorded in the land records of the Town of [________________________________], County of [________________________________], State of Connecticut

The undersigned, being first duly sworn, deposes and states as follows:

1. Claimant

• Name: [________________________________]
• Address: [________________________________]
• Phone: [________________________________]
• Capacity: ☐ Original Contractor ☐ Subcontractor ☐ Material Supplier ☐ Design Professional ☐ Other: [_________]

2. Owner of Record

• Name: [________________________________]
• Address: [________________________________]

3. Person Who Engaged Claimant or to Whom Materials Were Furnished

• Name: [________________________________]
• Address: [________________________________]

4. Description of Property

• Street address: [________________________________]
• Town: [______________________], CT
• Volume / page of last recorded deed: [____________ / ____________]
• Tax map / lot: [________________________________]
• Legal description:

[____________________________________________________________]
[____________________________________________________________]

5. Statement of Account

• Description of services and/or materials furnished:

[____________________________________________________________]

• Date claimant began performing services or furnishing materials: [__/__/____]
• Date claimant ceased to perform services or furnish materials: [__/__/____]
• Total value of services / materials furnished: $[____________]
• Amounts paid: $[____________]
• Credits / offsets: $[____________]
• Amount claimed (subject to § 49-36 limitations): $[____________]

6. Statement Required by § 49-34(1)(C)

The amount stated as due is just and unpaid, after allowing all just credits and offsets, and the claimant ceased to perform services or furnish materials on the date stated above.

7. Verification

The undersigned, being duly sworn, deposes and states that the foregoing Certificate of Mechanic's Lien is true and accurate to the best of [his/her/their] knowledge, information, and belief.

Signed: ______________________________
Print name / title: [________________________________]
Date: [__/__/____]

STATE OF CONNECTICUT )
) ss. [______________]
COUNTY OF [________________] )

Subscribed and sworn to before me this [____] day of [____________], 20[____].

Notary Public / Commissioner of the Superior Court: ______________________________
My commission expires: [__/__/____]

RECORDING: Submit to the Town Clerk of the town where the property is situated, no later than ninety (90) days after the claimant ceased to perform services or furnish materials (Conn. Gen. Stat. § 49-34).

Part C — Notice of Filing Lien Claim to Owner

NOTICE TO OWNER OF RECORDED CERTIFICATE OF MECHANIC'S LIEN (Conn. Gen. Stat. § 49-34)

Service deadline: Within thirty (30) days after recording the Certificate of Mechanic's Lien. Connecticut courts further hold that, reading §§ 49-34 and 49-35 together, the claimant must serve the certificate on the owner within 90 days after the claimant ceased work — Steeltech Bldg. Prods., Inc. v. Viola, 2000 WL 726367 (Conn. Super. Ct. May 16, 2000).

Date: [__/__/____]

To (Owner of record):
[________________________________]
[________________________________]
[______________________], CT [_______]

RE: Certificate of Mechanic's Lien recorded against your property

You are hereby notified that on [__/__/____], the undersigned recorded a Certificate of Mechanic's Lien in the land records of the Town of [______________________], Connecticut, at Volume [_______], Page [_______], against the property commonly known as:

[____________________________________________________________]

Amount of lien: $[____________]
Claimant: [________________________________]
Claimant address: [________________________________]
Claimant phone: [________________________________]

A true and correct copy of the recorded Certificate of Mechanic's Lien is enclosed.

METHOD OF SERVICE:
☐ Personal service by sheriff / state marshal / indifferent person
☐ Registered mail, return receipt requested
☐ Certified mail, return receipt requested

Signature of Claimant or Authorized Agent: ______________________________

COMBINED NOTICE: This notice may be combined with the § 49-35 Notice of Intent to Claim Lien, per H&S Torrington Assocs. v. Lutz Eng'g Co., 185 Conn. 549, 555 (1981). If using a single combined notice, ensure it is served on the owner within 90 days after the claimant ceased work.

Part D — Suit to Foreclose

COMPLAINT TO FORECLOSE MECHANIC'S LIEN

Filed pursuant to Conn. Gen. Stat. §§ 49-33 et seq. and § 49-39
Filing deadline: Within one (1) year after the Certificate of Mechanic's Lien is recorded.

STATE OF CONNECTICUT
SUPERIOR COURT
JUDICIAL DISTRICT OF [______________________]

Return Date: [__/__/____]
Docket No.: [______________]

COMPLAINT TO FORECLOSE MECHANIC'S LIEN; FOR BREACH OF CONTRACT; AND FOR ATTORNEY FEES

FIRST COUNT — Foreclosure of Mechanic's Lien

1. Plaintiff [CLAIMANT NAME] is a [entity type] with a principal place of business at [________________________________].

2. At all material times, Defendant [OWNER NAME] was the owner of record of the real property located at [________________________________], in the Town of [______________________], Connecticut.

3. On or about [__/__/____], Plaintiff entered into a contract with [________________________________] to furnish services and/or materials for the improvement of the property described in paragraph 2.

4. Plaintiff furnished services and/or materials from [__/__/____] through [__/__/____].

5. The reasonable value of Plaintiff's services and/or materials is $[____________]; Plaintiff has been paid $[____________]; and the unpaid balance is $[____________].

6. ☐ Plaintiff is the original contractor and was not required to give § 49-35 notice. ☐ Plaintiff timely served a § 49-35 Notice of Intent to Claim Mechanic's Lien upon the owner on [__/__/____].

7. On [__/__/____], Plaintiff recorded a Certificate of Mechanic's Lien in the land records of the Town of [______________________] at Volume [_______], Page [_______], in compliance with Conn. Gen. Stat. § 49-34.

8. Within the time required by § 49-34 (and within 90 days of cessation of work per Steeltech Bldg. Prods., Inc. v. Viola), Plaintiff served a copy of the recorded Certificate of Mechanic's Lien upon Defendant [OWNER NAME] on [__/__/____].

9. The mechanic's lien is valid and enforceable against the Property in the amount of $[____________].

10. By reason of the foregoing, Plaintiff is entitled to a judgment of foreclosure of the mechanic's lien, possession, deficiency judgment if applicable, costs, and attorney fees.

SECOND COUNT — Breach of Contract (incorporates paragraphs 1–5 of the First Count)

11. Defendant [CONTRACTING PARTY] breached the parties' contract by failing to pay amounts due to Plaintiff.

12. Plaintiff has been damaged in the amount of $[____________], plus interest under Conn. Gen. Stat. § 37-3a and costs.

THIRD COUNT — Unjust Enrichment (incorporates paragraphs 1–5 of the First Count, pleaded in the alternative)

13. Defendants accepted the benefit of Plaintiff's services and/or materials and would be unjustly enriched if not required to pay their reasonable value of $[____________].

PRAYER FOR RELIEF

WHEREFORE, Plaintiff claims:

a. A judgment of strict foreclosure or foreclosure by sale of the mechanic's lien recorded against the Property;

b. Money damages in the amount of $[____________];

c. Interest under Conn. Gen. Stat. § 37-3a;

d. Costs and reasonable attorney fees as provided by contract or law;

e. Such other relief as the Court deems just and equitable.

DATED at [______________________], Connecticut, this [____] day of [____________], 20[____].

THE PLAINTIFF,
[________________________________]

By: ______________________________
[Attorney name]
Juris No. [______________]
Attorney for Plaintiff

Part E — Pre-Filing Checklist

☐ Determine claimant's status: original contractor (in privity with owner; no § 49-35 notice required) vs. subcontractor/materialman (§ 49-35 notice required).
☐ Confirm any consent of the owner required for original contractor lien rights under § 49-33.
☐ Calendar 90-day deadline from cessation of work for both the § 49-35 Notice of Intent and the § 49-34 Certificate recording.
☐ Pull current land records and title commitment; confirm record owner, volume/page of last deed, legal description, and senior encumbrances.
☐ Prepare Notice of Intent to Claim Mechanic's Lien (§ 49-35) and serve on owner by indifferent person, marshal, or registered/certified mail.
☐ Consider combining § 49-35 notice with the § 49-34 post-recording notice in a single instrument (per H&S Torrington).
☐ Prepare verified Certificate of Mechanic's Lien (§ 49-34) including: claimant identity, owner identity, contracting party, property description, start/end dates, amount due, sworn statement.
☐ Notarize the Certificate (notary or commissioner of the Superior Court).
☐ Record the Certificate of Mechanic's Lien in the Town Clerk's land records of the town where the property is located.
☐ Serve a copy of the recorded Certificate on the owner within 30 days after recording (§ 49-34) — but in any event within 90 days of cessation of work (Steeltech).
☐ For subcontractor liens, evaluate § 49-36 cap: subcontractor lien is limited to amounts the owner owed (or thereafter owed) the original contractor at the time the notice was given.
☐ Confirm property is not publicly owned (no lien on public property; bond claim under § 49-41).
☐ Calendar one-year foreclosure deadline from recording (§ 49-39).
☐ Evaluate exposure under § 49-51 (discharge of invalid lien) and slander-of-title before recording.
☐ Consider whether owner may substitute a bond under § 49-37 to release the lien.

Sources and References

• Conn. Gen. Stat. Ch. 847 (Liens) — https://www.cga.ct.gov/current/pub/chap_847.htm
• Conn. Gen. Stat. § 49-33 — https://www.cga.ct.gov/current/pub/chap_847.htm#sec_49-33
• Conn. Gen. Stat. § 49-34 — https://www.cga.ct.gov/current/pub/chap_847.htm#sec_49-34
• Conn. Gen. Stat. § 49-35 — https://www.cga.ct.gov/current/pub/chap_847.htm#sec_49-35
• Conn. Gen. Stat. § 49-36 — https://www.cga.ct.gov/current/pub/chap_847.htm#sec_49-36
• Conn. Gen. Stat. § 49-37 (Substitution of bond) — https://www.cga.ct.gov/current/pub/chap_847.htm#sec_49-37
• Conn. Gen. Stat. § 49-39 (One-year foreclosure limit) — https://www.cga.ct.gov/current/pub/chap_847.htm#sec_49-39
• H&S Torrington Assocs. v. Lutz Eng'g Co., 185 Conn. 549 (1981)
• Steeltech Bldg. Prods., Inc. v. Viola, 2000 WL 726367 (Conn. Super. Ct. May 16, 2000)
• CT Judicial Branch Mechanic's Liens pathfinder — https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Mechanics_Liens.pdf