Notice of Recorded Mechanic's Lien and Request to Preserve Lienable Funds - Connecticut

NOTICE OF RECORDED MECHANIC'S LIEN AND REQUEST TO PRESERVE LIENABLE FUNDS

Connecticut Private-Project Preparation Packet

Important: Connecticut General Statutes Chapter 847 does not make this document a standalone, claimant-enforced “stop notice.” This is a noncompulsory notice and payment-preservation request to the property owner after a mechanic's lien certificate has been recorded. It does not itself require an owner or construction lender to freeze, segregate, or place funds in an interest-bearing account.

Do not substitute this document for statutory process. The claimant must separately satisfy every applicable requirement for eligibility, notice of intent, the sworn lien certificate, service of a true and attested certificate copy, and timely foreclosure and lis pendens.

1. Claimant and Project

2. Statutory Eligibility Screen

Complete this screen with Connecticut construction counsel before sending the notice.

2.1 Claim and Consent — Conn. Gen. Stat. § 49-33

☐ Claimant furnished qualifying materials or services for construction, repair, improvement, site development, or subdivision work covered by § 49-33.

☐ The unpaid claim exceeds $10.

☐ The work arose from an agreement with, or legally sufficient consent or authority attributable to, the property owner or lessee as applicable.

☐ For a subcontractor-tier claim, counsel has calculated the maximum lienable fund under §§ 49-33(e)-(f) and 49-36 rather than assuming the entire unpaid invoice attaches to the property.

2.2 Claimant Tier and Notice of Intent — Conn. Gen. Stat. § 49-35

Select one:

☐ Claimant is the original contractor.

☐ Claimant has a written contract with the original contractor that the other party to the original contract assented to in writing.

☐ Claimant is another covered subcontractor or material/service provider and gave the required written notice of intent after commencing and not later than 90 days after ceasing work.

If notice of intent was required:

2.3 Lien Certificate — Conn. Gen. Stat. § 49-34

☐ The certificate describes the premises, states the amount claimed, names the person or persons against whom it is filed, gives the commencement date, states that the amount is justly due as nearly as ascertainable, and is subscribed and sworn to by the claimant.

3. Notice to Property Owner

To: [OWNER NAME AND ADDRESS]

From: [CLAIMANT NAME AND ADDRESS]

Date: [__/__/____]

Re: [PROJECT / PROPERTY / RECORDED LIEN REFERENCE]

Claimant gives notice that it recorded the mechanic's lien certificate identified above for an unpaid claim of $[________________________________].

Claimant requests that Owner:

1. Review the recorded certificate and the statutory service materials with Connecticut counsel;
2. Identify the unpaid balance, retainage, approved but unpaid change orders, and other sums remaining under the contract through which Claimant asserts its lien;
3. Avoid making further payments that counsel determines would improperly reduce the lienable fund after notice under Conn. Gen. Stat. §§ 49-33 and 49-36;
4. Provide the voluntary accounting below; and
5. Contact Claimant to discuss payment, a written lien release, a negotiated escrow, or a court-approved bond substitution.

This request does not direct Owner to withhold a fixed percentage, create a segregated account, or freeze construction-loan proceeds. It is not directed to a construction lender and does not impose duties on a lender.

4. Voluntary Owner Accounting

5. Resolution Options

5.1 Payment and Release

Any payment and release arrangement should state:

• the amount paid;
• the claim and property covered;
• whether the release is partial or full;
• the allocation of disputed amounts;
• who must execute and record the release; and
• whether any contract, bond, or independent claim survives.

5.2 Negotiated Escrow

The parties may negotiate a written escrow agreement. Any escrow duty exists only if the responsible parties expressly agree to it; this notice does not create one.

5.3 Court-Approved Bond Substitution — Conn. Gen. Stat. § 49-37

An owner or other person interested in the real estate may apply to a Superior Court judge to dissolve the recorded lien by substituting a bond with sufficient surety. The court orders notice, evaluates the application and bond, and, if relief is granted, the certified order must be recorded as the statute requires. Claimant's private approval is not a substitute for the statutory application and order.

6. Enforcement Calendar — Conn. Gen. Stat. § 49-39

A payment request, negotiation, mediation, or this notice does not replace commencement of the foreclosure action and recording of the lis pendens within the controlling statutory period.

7. Claimant Certification and Signature

The undersigned certifies only that the factual entries and attached records are accurate to the best of the undersigned's knowledge after reasonable review. This certification does not replace the subscribed-and-sworn lien certificate required by Conn. Gen. Stat. § 49-34.

Claimant: [________________________________]

By: _________________________________________

Name / Title: [________________________________]

Date: [__/__/____]

8. Delivery Record for This Nonstatutory Request

This delivery record concerns only this nonstatutory request. Preserve separate proof of every service step required by §§ 49-34 and 49-35.

Sources and References

• Connecticut General Statutes, Chapter 847 — Liens
• 2026 Supplement, Chapter 847 — lists 2025-session changes to §§ 49-41c and 49-92o, not the private mechanic's-lien sections used in this packet