MECHANICS' LIEN WAIVER AND RELEASE

State of Connecticut

PRACTITIONER NOTES AND INSTRUCTIONS

Overview of Connecticut Mechanics' Lien Waiver Law

Connecticut does not regulate lien waivers by statute and does not prescribe statutory waiver forms. Lien waivers in Connecticut are governed by general contract principles. Because Connecticut has a unique lien framework (judicial process, certificate of lien, no preliminary notice for general contractors), practitioners must understand the underlying lien 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. No Preliminary Notice for General Contractors — A general contractor with a direct contract from the owner need not file any preliminary notice to preserve lien rights.

2. Subcontractor Notice Required — Subcontractors, sub-subcontractors, and material suppliers must serve notice of intent to lien within 90 days of last furnishing, or their lien rights are barred.

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 — A subcontractor's lien cannot exceed the amount due from the owner to the general contractor at the time of filing.

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: Under § 49-35a, a lien claimant who has been paid in full must release the lien within 30 days of written demand. Failure to release subjects the claimant to a $500 penalty plus actual damages and attorney fees.

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 § 49-33a, 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 § 49-33a 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 § 49-33a.

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 any Certificate of Mechanic's Lien has been previously recorded on the land records, the undersigned agrees to execute and deliver a Release of Mechanic's Lien under § 49-35a within thirty (30) days of clearance of the final payment.

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 any Certificate of Mechanic's Lien was previously recorded, the undersigned has executed and delivered (or will promptly execute and deliver) a Release of Mechanic's Lien under § 49-35a to the appropriate Town Clerk.

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