Mechanics' Lien Waiver and Release

MECHANICS' LIEN WAIVER AND RELEASE

State of Connecticut

PRACTITIONER NOTES AND INSTRUCTIONS

Overview of Connecticut Mechanics' Lien Waiver Law

Current Connecticut General Statutes Chapter 847 does not prescribe the waiver forms in this packet. These are contractual waiver forms, and the underlying statutory lien and claimant-specific notice rules still control. Connecticut counsel should review the waiver language and the rights being waived.

Key Connecticut Lien Law Provisions

Connecticut's Unique Lien Framework

Connecticut's mechanics' lien system differs from most states in important ways:

1. Notice Exemptions — Section 49-35 exempts the original contractor and a subcontractor whose written contract with the original contractor was assented to in writing by the other party to the original contract.

2. Covered-Claimant Notice — A nonexempt claimant must give notice after commencing and no later than 90 days after ceasing materials or services, serving every owner and each original contractor entitled to notice under § 49-35(a).

3. Certificate of Lien — The lien is established by recording a "Certificate of Mechanic's Lien" on the land records of the town where the property is located (not the county), within 90 days of last furnishing.

4. Lien Amount — Sections 49-33 and 49-36 limit the aggregate liens to the owner's agreed price and account for the statutory subcontractor cap, completion costs/damages after default, and qualifying good-faith owner payments before notice.

Advance Waiver of Lien Rights

Connecticut does not have a statutory prohibition on advance waivers of lien rights. However, courts may scrutinize such waivers for unconscionability. Practitioners should advise clients carefully before executing advance waivers.

When to Use Each Waiver Form

1. Conditional Waiver on Progress Payment — Use when a progress payment check has been tendered but not yet cleared.
2. Unconditional Waiver on Progress Payment — Use after a progress payment has been received and cleared.
3. Conditional Waiver on Final Payment — Use when the final payment has been tendered but not yet cleared.
4. Unconditional Waiver on Final Payment — Use after the final payment has been received and fully cleared.

Important Warnings

WARNING: Connecticut lien waivers are NOT regulated by statute. The forms below are based on common industry practice and general contract principles. Courts will enforce waivers according to their terms.

WARNING: Section 49-35a governs a court application to discharge or reduce a lien; it does not create a fixed satisfaction-release deadline or penalty. Have Connecticut counsel confirm the proper release form, recording office, and timing.

WARNING: Connecticut records liens by town, not county. Ensure all property descriptions reference the correct town.

FORM 1: CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

(Connecticut — Effective Only Upon Clearance of Payment)

NOTICE: This document waives and releases mechanics' lien rights only to the extent and through the date stated below, and only upon the condition that payment is actually received and the check clears the bank. This document does not affect lien rights for retainage, pending change orders, or work/materials furnished after the Through Date.

Project Information:

Claimant Information:

Payment Information:

CONDITIONAL WAIVER AND RELEASE

Upon receipt and clearance of payment in the amount of $[________________________________] from [________________________________] (Payor), the undersigned Claimant hereby conditionally waives and releases any and all mechanics' lien rights arising under Connecticut General Statutes § 49-33 et seq. for labor, services, equipment, or materials furnished to the above-described Property through the Through Date stated above, to the extent of the amount stated.

This waiver and release is expressly conditioned upon actual receipt of payment and clearance of the above-referenced check or instrument of payment. If payment is not received, or if the check or instrument fails to clear for any reason, this waiver and release shall be null and void, and the undersigned shall retain all lien rights, including the right to file a Certificate of Mechanic's Lien under § 49-34, as though this document had not been executed.

Exceptions. This waiver and release does NOT cover and the undersigned expressly reserves lien rights for:

☐ Retainage in the amount of $ [________________________________]
☐ Pending change orders, specifically: [________________________________]
☐ Disputed claims in the amount of $ [________________________________]
☐ Labor, services, equipment, or materials furnished after the Through Date
☐ Other: [________________________________]

Claimant Certification. The undersigned certifies that all debts owed to subcontractors, laborers, and material suppliers for work covered by this waiver through the Through Date have been paid or will be timely paid from the progress payment referenced herein.

Signature:

Claimant Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date Signed: [__/__/____]

FORM 2: UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

(Connecticut — Irrevocable Upon Execution)

NOTICE: This document waives and releases lien rights unconditionally and irrevocably to the extent and through the date stated below. This document is effective immediately upon execution. The undersigned should NOT execute this document unless payment has actually been received and the check has cleared.

Project Information:

Claimant Information:

Payment Information:

UNCONDITIONAL WAIVER AND RELEASE

The undersigned Claimant hereby unconditionally and irrevocably waives and releases any and all mechanics' lien rights arising under Connecticut General Statutes § 49-33 et seq. for labor, services, equipment, or materials furnished to the above-described Property through the Through Date stated above, to the extent of the amount of $[________________________________] received.

This waiver and release is unconditional and effective immediately upon execution. The undersigned acknowledges that this waiver constitutes a complete bar to the filing of any Certificate of Mechanic's Lien under § 49-34 with respect to the amounts and time period covered herein.

Exceptions. This waiver and release does NOT cover:

☐ Retainage in the amount of $ [________________________________]
☐ Pending change orders, specifically: [________________________________]
☐ Labor, services, equipment, or materials furnished after the Through Date
☐ Other: [________________________________]

Claimant Certification. The undersigned certifies that payment in the amount stated above has been received in full and that the check or other instrument of payment has cleared. The undersigned further certifies that all debts owed to subcontractors, laborers, and material suppliers for work covered by this waiver through the Through Date have been paid or will be timely paid.

Signature:

Claimant Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date Signed: [__/__/____]

FORM 3: CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

(Connecticut — Effective Only Upon Clearance of Final Payment)

NOTICE: This document waives and releases ALL lien rights on the project, conditioned upon actual receipt and clearance of the final payment. If payment is not received or does not clear, this document shall have no effect.

Project Information:

Claimant Information:

Payment and Contract Information:

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

Upon receipt and clearance of final payment in the amount of $[________________________________] from [________________________________] (Payor), the undersigned Claimant hereby conditionally waives and releases any and all mechanics' lien rights, bond rights, and any other lien rights or claims arising under Connecticut General Statutes § 49-33 et seq. for all labor, services, equipment, or materials furnished to the above-described Property in connection with the Project.

This waiver is conditioned upon actual receipt and clearance of the final payment. If the final payment is not received or the check fails to clear, this waiver shall be null and void, and the undersigned retains the right to file a Certificate of Mechanic's Lien under § 49-34.

This waiver covers ALL work, labor, services, equipment, and materials from commencement through completion, including retainage, change orders, and extras, with the following exceptions:

☐ No exceptions — full and final release
☐ Disputed amounts totaling $ [________________________________], described as: [________________________________]

Claimant Certification. Upon receipt and clearance of the final payment, all debts owed to subcontractors, sub-subcontractors, laborers, and material suppliers will be paid in full.

Release of Certificate of Lien. If a Certificate of Mechanic's Lien was previously recorded, the undersigned agrees, after final payment clears, to execute and record an appropriate release in the town land records within the time confirmed by Connecticut counsel.

Signature:

Claimant Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date Signed: [__/__/____]

FORM 4: UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

(Connecticut — Irrevocable Full and Final Release)

NOTICE: This document constitutes a full, final, unconditional, and irrevocable waiver and release of ALL lien rights on the project. The undersigned should NOT execute this document unless final payment has been received in full and the check has cleared. Once signed, this waiver cannot be revoked.

Project Information:

Claimant Information:

Payment and Contract Information:

UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

The undersigned Claimant hereby unconditionally and irrevocably waives and releases any and all mechanics' lien rights, bond rights, and any other lien rights or claims arising under Connecticut General Statutes § 49-33 et seq. for all labor, services, equipment, or materials furnished to the above-described Property in connection with the Project.

This waiver is unconditional and irrevocable. It covers ALL work from commencement through final completion, including retainage, change orders, extras, and all other amounts.

The undersigned acknowledges and represents that:

(a) The total contract price, as adjusted, was $[________________________________];

(b) The undersigned has received total payments of $[________________________________], constituting payment in full;

(c) No further amounts are due or owing in connection with the Project;

(d) All subcontractors, sub-subcontractors, laborers, and material suppliers have been paid in full or will be paid from the final payment;

(e) The undersigned has no outstanding claims, disputes, or demands against the Property Owner, Hiring Party, or Property; and

(f) If a Certificate of Mechanic's Lien was previously recorded, the undersigned has executed and recorded (or will promptly execute and record) an appropriate release with the Town Clerk, as confirmed by Connecticut counsel.

Signature:

Claimant Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date Signed: [__/__/____]

NOTARIZATION (RECOMMENDED)

State of Connecticut
County of [________________________________]

Before me, the undersigned Notary Public / Commissioner of the Superior Court, on this [____] day of [________________________________], 20[____], personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity.

WITNESS my hand and official seal.

Notary Public / Commissioner Signature: ______________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing Mechanics' Lien Waiver and Release was delivered to:

Delivered by: ______________________________

Date: [__/__/____]

SOURCES AND REFERENCES

• Connecticut General Statutes Chapter 847 (§§ 49-33 through 49-42) — Mechanic's Liens
• Connecticut Practice Book — Rules for filing and foreclosing mechanic's liens
• Connecticut Town Clerk land records requirements
• Connecticut Secretary of State — Notary Public Division