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 unless the claimant is the original contractor or a subcontractor whose written contract with the original contractor was assented to in writing by the other party to the original contract. A covered claimant must serve every owner after commencing and no later than 90 days after ceasing services or materials. Serve an original contractor only if that contractor timely recorded the affidavit described in § 49-35(a).

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

To (Original contractor entitled to notice, if any):
[________________________________]
[________________________________]
[______________________], 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)):
☐ True and attested copy left with same-town recipient or at that recipient's usual abode by an indifferent person, state marshal, or other proper officer
☐ Nonresident recipient's known agent in the property town served by a proper server
☐ No known local agent: proper server sent a true and attested copy by registered/certified mail to recipient's residence
☐ Mailed copy returned unclaimed: publication completed under § 1-2

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

NOTE: Serve every required recipient within the § 49-35 period and retain the server's return. The returned notice must be delivered to its original maker no later than 30 days after the § 49-34 certificate is filed.

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 [________________________________], 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: Serve a true and attested copy on every owner no later than thirty (30) days after lodging the Certificate of Mechanic's Lien, using the service manner provided in § 49-35.

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: ______________________________

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 exempt from § 49-35 notice as the original contractor or under the statute's written-contract/written-assent exception. ☐ Plaintiff timely served the § 49-35 Notice of Intent on every owner and each original contractor entitled to notice 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. No later than 30 days after lodging the Certificate, Plaintiff served a true and attested copy upon each owner in the manner required by §§ 49-34 and 49-35 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; subcontractor within the written-contract/written-assent exception; or claimant required to give § 49-35 notice.
☐ 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 the § 49-35 Notice of Intent and have a proper server serve every owner and each original contractor entitled to notice using the recipient-specific statutory method.
☐ 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 true and attested copy of the recorded Certificate on every owner within 30 days after lodging (§ 49-34), using § 49-35's service method.
☐ For subcontractor liens, apply §§ 49-33(e)-(f) and 49-36, including the agreed-price ceiling, chain/default formula, completion costs/damages, and qualifying good-faith owner payments before notice.
☐ 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
• CT Judicial Branch Mechanic's Liens pathfinder — https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Mechanics_Liens.pdf