Notice of Intent to Lien - Connecticut

CONNECTICUT NOTICE OF INTENT TO LIEN

(Pre-Lien Notice - CGS § 49-33 et seq.)

Pursuant to Connecticut General Statutes §§ 49-33, 49-34, 49-35, and 49-39

IMPORTANT NOTICE

THIS IS NOT A LIEN CERTIFICATE. Under Conn. Gen. Stat. § 49-35(a), a notice of intent is required for a claimant other than (1) the original contractor or (2) 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 gives notice after commencing and no later than 90 days after ceasing to furnish materials or render services. Filing the separate § 49-34 certificate is not a prerequisite to this notice.

NOTICE DATE AND TIMING

Date of This Notice: _________________________________

Date Claimant First Furnished Labor/Materials: _________________________________

Date Claimant Last Furnished Labor/Materials: _________________________________

SECTION 1: NOTICE RECIPIENTS

To Property Owner:

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: CT ZIP: _________

To General Contractor (if applicable):

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: CT ZIP: _________

SECTION 2: PROPERTY INFORMATION

Property Street Address:
_________________________________
_________________________________
City: _________________ State: CT ZIP: _________

Legal Description of Property:
_________________________________
_________________________________
_________________________________

SECTION 3: CLAIMANT INFORMATION

Claimant Name: _________________________________

Claimant Business Name (if different): _________________________________

Claimant Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

Phone: _________________________ Email: _________________________

Connecticut Home Improvement Contractor Registration No. (if applicable): _________________________________

Claimant Classification:
☐ Original contractor — § 49-35 notice exemption applies
☐ Subcontractor with the written-contract/written-assent exemption
☐ Covered subcontractor
☐ Material or service claimant
☐ Other: _________________________________

☐ Connecticut counsel confirmed that this claimant is required to give § 49-35 notice.

SECTION 4: CONTRACTING PARTY INFORMATION

Name of Person or Entity Who Hired Claimant:
_________________________________

Relationship to Project:
☐ Property Owner
☐ General Contractor
☐ Subcontractor
☐ Other: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

SECTION 5: DESCRIPTION OF LABOR, SERVICES, OR MATERIALS

General Description of Work Furnished:
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________

Total Contract Amount: $__________________

Amount Paid to Date: $__________________

Balance Due: $__________________

SECTION 6: NOTICE OF INTENT TO FILE LIEN

NOTICE TO EACH OWNER AND ORIGINAL CONTRACTOR ENTITLED TO NOTICE

You are hereby notified that the undersigned has furnished or commenced to furnish the services and/or materials described above for the identified property and has not been paid in full.

NOTICE OF INTENT: The undersigned intends to claim a mechanic's lien for the services and/or materials described above against the identified property pursuant to Connecticut General Statutes § 49-35(a). The amount currently unpaid is $__________________.

Subject to the statutory priority and amount rules, § 49-33 gives a mechanic's lien precedence over an encumbrance originating after commencement of the lienable services or materials and permits foreclosure in the same manner as a mortgage.

SECTION 7: SIGNATURE AND VERIFICATION

The undersigned gives this notice after commencing and within the period required by § 49-35(a).

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

Title: _________________________________

SECTION 8: PROOF OF SERVICE

Service Information

Section 49-35 service must be completed by an indifferent person, state marshal, or other proper officer. Serve every owner and, if the original contractor timely recorded the statutory affidavit, every original contractor.

Property Owner:

Method of Service:
☐ Recipient resides in the property town: true and attested copy left with recipient
☐ Recipient resides in the property town: true and attested copy left at usual abode
☐ Nonresident recipient's known agent in the property town served
☐ No known local agent: proper server mailed true and attested copy by registered/certified mail to recipient's residence
☐ Mailed copy returned unclaimed: publication completed under § 1-2

Date Mailed/Delivered: _________________________________
Tracking/Certificate Number: _________________________________

Server's return endorsed on notice: ☐ Yes ☐ Pending

General Contractor (if applicable):

Method of Service:
☐ Recipient resides in the property town: true and attested copy left with recipient
☐ Recipient resides in the property town: true and attested copy left at usual abode
☐ Nonresident recipient's known agent in the property town served
☐ No known local agent: proper server mailed true and attested copy by registered/certified mail to recipient's residence
☐ Mailed copy returned unclaimed: publication completed under § 1-2

Date Mailed/Delivered: _________________________________
Tracking/Certificate Number: _________________________________

Server's return endorsed on notice: ☐ Yes ☐ Pending

Server name and capacity: _________________________________

Server signature: _________________________________ Date: _________________________________

Notice with endorsed return delivered back to its original maker: _________________________________

Section 49-35(a) requires that return no later than 30 days after filing the separate § 49-34 lien certificate.

CONNECTICUT MECHANICS LIEN - LEGAL REQUIREMENTS SUMMARY

NOTICE-OF-INTENT REQUIREMENTS

• Covered claimants must give § 49-35(a) notice after commencing and no later than 90 days after ceasing materials or services.
• Serve every owner. Service on an original contractor is required only if that contractor timely recorded the affidavit described in § 49-35(a).
• The notice bearing the server's return must be returned to its original maker no later than 30 days after the § 49-34 certificate is filed.

KEY DEADLINES

WHO MAY CLAIM A LIEN (CGS § 49-33)

Any otherwise eligible person with a claim of more than $10 for qualifying:
☐ Materials furnished
☐ Services rendered in construction
☐ Raising, removal, or repairs of any building
☐ Lot improvement, site development, or plot subdivision

LIEN PRIORITY (CGS § 49-33(b))

• Takes precedence over encumbrances originating after commencement of services/materials
• If multiple mechanics liens exist, priority rules in § 49-33 apply

SUBCONTRACTOR AND AGGREGATE LIMITS (CGS §§ 49-33(e)-(f), 49-36)

• A subcontractor's lien is subject to the amount the owner agreed to pay the person through whom the subcontractor claims.
• After default by that person, § 49-33(f)'s formula accounts for reasonable completion cost, resulting damages, and qualifying owner payments before notice.
• Section 49-36 limits total liens to the owner's agreed price and provides apportionment and good-faith-payment rules.

CERTIFICATE OF LIEN REQUIREMENTS

The certificate must be filed in the town clerk's office and must state:

• Amount claimed as due
• Description of property
• Person or persons against whom the lien is filed
• Date the claimant commenced services or materials
• That the amount is justly due, as nearly as ascertainable
• Claimant's subscribed and sworn statement

FORECLOSURE

• A mechanic's lien may be foreclosed in the same manner as a mortgage (CGS § 49-33(i)).
• Section 49-39 generally requires commencement of foreclosure and recording a lis pendens within one year from recording, subject to its later 60-day rule following final disposition of a § 49-35a application and appeal.

IMPORTANT DISCLAIMERS

This form is provided for informational purposes only and does not constitute legal advice. Connecticut mechanics lien law has specific requirements that must be followed. Consult with a Connecticut-licensed attorney to ensure compliance with all statutory requirements.

VERIFICATION: Ensure all information is accurate. False statements may result in liability.

OFFICIAL SOURCES

• Conn. Gen. Stat. § 49-33
• Conn. Gen. Stat. § 49-34
• Conn. Gen. Stat. § 49-35
• Conn. Gen. Stat. § 49-39