Connecticut Lien Law

Learn about the Connecticut Lien Law. A Mechanic's Lien is a legal claim against a property for unpaid work or materials used in construction or improvement of the property. Filing a Mechanics Lien (or construction lien claim) is a way for a contractor, subcontractor, or supplier to secure payment for services and materials provided to a construction project. If the owner of the property or the general contractor fails to pay, the lien provides a means to recover the amount owed through a court action or the sale of the property. Filing a mechanic’s lien can also serve as a warning to potential buyers of the property that there is a claim against it. Mechanic's Liens provide protection to contractors, vendors, material suppliers and professional services in the construction industry. A Lien is a legal tool to protect yourself, for non-payment.

A Mechanic's Lien attaches the amount you are owed for materials or services rendered, to the title of the property in question. In other words, it prevents the property owner from selling, transferring title or refinancing said property. For those of you that have a mortgage on your property, your bank has a Lien or an interest for the amount borrowed. By filing a Mechanic's Lien you will have the same interest a bank does against the property in question.

Connecticut Lien Law:

(Connecticut Mechanic's Liens, CT Liens, Connecticut Construction Lien Claims)

Your lien must be filed no later than 90 days from the last date of service to all properties. **A Notice of Intent is required if you did not directly contract with the property owner.** The Notice of Intent must be served upon the property owner and general contractor.

A Mechanic's Lien or Construction Lien Claim can be filed by a contractor, subcontractor, supplier, or other person who has provided labor or materials for a construction project but has not been paid.

In general, anyone who provides labor, materials or professional services for the improvement or construction of a property can file a mechanic's lien, including but not limited to:

• General contractors
• Subcontractors
• Material suppliers
• Architects
• Engineers
• Surveyors
• Laborers

Materialman:
Sells/Rents Construction Related Materials and Equipment.
Including: Lumber, Drywall, Plumbing Materials, Electrical Materials, HVAC, Masonry Materials, Brick, Block, Concrete, Flooring, Sprinklers, Elevator Materials, Steel, Metal, Sewers, Shrubbery, Scaffolding, Dumpsters/Containers, etc.

Laborer:
The Party Installing the Above Materials.
Including: Environmental Remediation, Tank Abatement, Asbestos Removal, Soil Samples, Trucking / Hauling of Materials / Equipment to a Jobsite or Debris from a Jobsite, etc. 

Professional Services:
Including: Architect (Licensed) Engineer (Licensed)

Construction Management is allowed in certain counties

Who gets served when I file my Speedy Lien?

• The Owner of the Property.
• The Party that hired you.
• The General Contractor, if you were a Sub-Contractor to a Sub-Contractor.

Connecticut Lien Law requires a Notice of Intent if you did not contract directly with the property owner.

Speedy Lien handles the filing and service of the Notice of Intent.

Visit our Lien Law by State page for more information.

Your Mechanic's Lien is filed for the exact amount you are owed, strictly for the work performed and rendered to date. 

Connecticut Lien Law does not allow a lienor to include legal fees or the cost to file your Lien, in the amount you are owed. 

Once your lien has been paid, you must remove the lien from the title of the property. Note that there is a filing fee for this process.

Connecticut Lien law prohibits a mechanic's lien from continuing in force for a longer period than one year after the lien has been perfected, unless the party claiming the lien begins an action to foreclose it and records a notice of lis pendens on the land records of the town where the lien is recorded within one year from the date the lien was recorded. 

https://law.justia.com/codes/connecticut/title-49/chapter-847/section-49-88/

Filing a Mechanic's Lien in Connecticut

Eligibility

In Connecticut, the following parties can file a mechanic's lien:

1. General Contractors: Those with a direct contract with the property owner.
2. Subcontractors: Those hired by the general contractor to perform work on the property.
3. Material Suppliers: Those providing materials used in the project.
4. Laborers: Individuals performing labor on the property.
5. Design Professionals: Architects, engineers, and other professionals involved in the design and planning of the project.
6. Equipment Rental Companies: Those renting equipment used in the project.
7. Haulers: Those providing hauling services for materials.
8. Restoration Companies: Those providing emergency restoration services such as fire or water damage restoration.

Filing Deadlines

• Residential and Commercial Projects: The lien must be filed within 90 days of the last date of providing labor or materials to the project.

Filing Process

1. Serve a Notice of Intent:

   • Before filing a mechanic's lien, you must serve a Notice of Intent to file a lien on the property owner. This notice must be served at least five days before filing the lien.
   • The Notice of Intent should include the amount owed, a description of the work performed, and the intent to file a lien if payment is not received.

2. Prepare the Lien:

   • Include the name and address of the claimant.
   • Include the name and address of the property owner.
   • Provide a description of the labor or materials provided.
   • State the amount due.
   • Describe the property sufficiently to identify it.

3. File the Lien:

   • File the lien with the town clerk in the town where the property is located.

4. Serve the Property Owner:

   • Serve a copy of the filed lien on the property owner within 30 days of filing. This can be done via certified mail, return receipt requested, or personally delivered.

Enforcing the Lien

1. Filing a Foreclosure Action:

   • To enforce the lien, you must file a lawsuit to foreclose on the lien within one year from the date the lien was filed.
   • If the property owner issues a written notice demanding that you commence a foreclosure action, you have 30 days to file the lawsuit.

2. Notice of Lis Pendens:

   • File a Notice of Lis Pendens with the town clerk to give public notice of the pending lawsuit.

3. Legal Proceedings:

   • Serve all interested parties with the foreclosure complaint and proceed with the court case to obtain a judgment for foreclosure.

Key Considerations

• Notice of Intent: Ensure that a Notice of Intent to file a lien is served on the property owner at least five days before filing the lien.
• Lien Validity: Ensure all required information is accurate and that the lien is properly filed according to Connecticut laws.
• Timeliness: Adhere strictly to the filing deadlines to preserve your lien rights.
• Legal Assistance: Consulting with an attorney experienced in construction law can help navigate the complexities of filing and enforcing a mechanic's lien.

By following these steps and understanding the legal requirements, parties involved in construction projects in Connecticut can effectively assert their lien rights.

Click here to File a Lien Now.