Connecticut mechanics lien law and deadlines
In Connecticut you have 90 days after you stop work to lodge a lien certificate with the town clerk, 30 more days to serve the owner, and one year from recording to start foreclosure and record a lis pendens.
Connecticut gives anyone with a claim of more than ten dollars for materials or services on a building, a lot, or site development a mechanic's lien on the owner's property, as long as the work was done under an agreement with, or with the consent of, the owner. The clock is short and it runs from the day you stop work: lodge a sworn certificate with the town clerk within 90 days, serve the owner within 30 days after that, and start a foreclosure action within one year. Subcontractors and suppliers who are not covered by a written, owner-assented subcontract also owe a notice of intent to the owner and the original contractor. The rules are in Chapter 847 of the General Statutes, sections 49-33 through 49-39.
| Step | Deadline or rule | Statute |
|---|---|---|
| Minimum claim | More than $10 for materials or services | § 49-33(a) |
| Notice of intent (most subs and suppliers) | After starting and not later than 90 days after ceasing work, to the owner and the original contractor | § 49-35(a) |
| Original contractor affidavit | Within 15 days after starting, if the GC wants to receive notices of intent | § 49-35(a) |
| Lien certificate | Lodge with the town clerk within 90 days after ceasing work | § 49-34(1) |
| Serve the owner | Not later than 30 days after lodging the certificate | § 49-34(2) |
| Foreclosure | Start the action and record a lis pendens within 1 year of recording (or 60 days after a § 49-35a ruling, if later) | § 49-39 |
| Public projects | No lien; payment bond on state and municipal contracts over $100,000 | § 49-41 |
Who has lien rights in Connecticut
Section 49-33 covers anyone who furnishes materials or renders services in the construction, raising, removal, or repair of a building, the improvement of a lot, or the site development or subdivision of land. That reaches general contractors, subcontractors at every tier, and material suppliers. Connecticut courts have also applied the statute to design and survey work: the annotations to § 49-33 note decisions holding that architectural services and surveying and engineering services are lienable. Work for a tenant can support a lien on the leasehold interest under § 49-33(h).
A subcontractor's lien is tied to the money in the job. Under §§ 49-33(e) and 49-36, all liens together cannot exceed what the owner agreed to pay, and the owner gets credit for payments made in good faith to the original contractor before receiving notice of the lien. Payments made ahead of the contract schedule only count as good faith if the owner gave written notice to every known supplier and sub at least five days before paying. In plain terms: the earlier the owner hears from you, the more of the contract balance is still there to protect you.
Notice of intent: Connecticut's version of a preliminary notice
Connecticut does not use a pre-job preliminary notice the way some states do. Instead, § 49-35 requires a notice of intent from anyone other than the original contractor or a subcontractor whose written contract with the original contractor was assented to in writing by the owner. The notice says you have furnished or started to furnish materials or services and intend to claim a lien. You can send it any time after you start, but no later than 90 days after you stop.
- Who gets it: the owner and the original contractor. Every owner and every original contractor if there is more than one.
- How it is served: by an indifferent person, state marshal, or other proper officer, in hand or at the person's usual place of abode when they live in the town; otherwise by registered or certified mail, with publication if the mail comes back unclaimed.
- GC affidavit: an original contractor is only entitled to the notice if it lodged an affidavit with the town clerk within 15 days after starting, giving its business name, address, and a description of the property.
- One document can do both jobs: the annotations note a decision holding that a notice sent under § 49-34 also satisfied § 49-35(a).
Recording and serving the lien certificate
The lien itself is a written certificate lodged with the town clerk of the town where the property sits, and the clerk records it with the land records. Under § 49-34 it must describe the premises, state the amount claimed, name the person against whom the lien is filed, give the date work or deliveries started, state that the amount is justly due as nearly as it can be determined, and be subscribed and sworn to by the claimant. Courts have read "sworn to" strictly, so have the certificate signed in front of a notary or commissioner of the Superior Court with a jurat.
Then serve a true and attested copy on the owner within 30 days after lodging it, using the same service methods as the notice of intent. Say a framing sub finishes a $185,000 package on March 2. The certificate has to be at the town clerk by May 31 and served on the owner by the end of June. Trivial punch work after substantial completion generally does not restart the 90 days, according to the annotations, so do not count on a last-minute visit to buy time.
Foreclosure, bonding off, and owner challenges
A Connecticut lien lapses one year after it is perfected unless the claimant starts a foreclosure action and records a lis pendens on the town land records within one year from recording (§ 49-39). If the owner applied for a reduction or discharge hearing under § 49-35a, the deadline becomes 60 days after the final ruling, if that is later. After the deadline passes, § 49-40a says the lien is extinguished automatically and no longer affects title.
- Discharge or reduction hearing (§ 49-35a): the owner can apply to the Superior Court for a hearing, with at least four days' notice to the lienor.
- Bond substitution (§ 49-37): the owner can ask a judge to dissolve the lien by substituting a bond with surety. The bond is void unless an action on it is brought within one year from the date the certificate was recorded.
- Railroad and leasehold liens follow their own sections, so read the statute if your work fits those facts.
Lien waivers in Connecticut
Chapter 847 does not prescribe a statutory lien waiver form, and the statutes reviewed for this page do not ban waivers signed in advance. The annotations to § 49-33 cite decisions enforcing a waiver of lien rights written into a subcontract. So read the subcontract before you sign it: a no-lien clause buried in the general conditions can take away your remedy before the first delivery. When you release a lien that has already been recorded, § 49-9 sets the form of release.
Residential and home improvement work
The lien statute does not have a separate owner-occupied track, but home improvement work brings in the Home Improvement Act. Section 20-429 says a home improvement contract is not valid or enforceable against the owner unless it is in writing, signed by both parties, includes the cancellation notice, start and completion dates, and the contractor's registration number, among other items. A contractor working off a defective contract can find its lien challenged along with the contract, although the annotations note a decision that subcontractors who had nothing to do with an invalid GC contract were not barred. See the Connecticut contractor license guide for registration rules.
Public projects use payment bonds instead
You cannot lien state or municipal property. Section 49-41 requires a payment bond on contracts over $100,000 for public buildings and public works of the state or a municipality, protecting those who supply labor or materials. Under § 49-42, a claimant generally serves a notice of claim on the surety, with a copy to the bonded contractor, no later than 180 days after its last work or delivery; retainage claims run from the payment date set in § 49-41a. For payment timing on public jobs see Connecticut prompt payment rules, and for wage requirements see Connecticut prevailing wage.
Frequently asked questions
How long do I have to file a mechanic's lien in Connecticut?
You must lodge the lien certificate with the town clerk within 90 days after you stop furnishing materials or services, then serve a copy on the owner not later than 30 days after lodging it (Conn. Gen. Stat. § 49-34).
Does Connecticut require a preliminary notice?
Not a pre-job notice. Most subcontractors and suppliers must instead serve a notice of intent on the owner and original contractor after starting and within 90 days after stopping work (§ 49-35). A sub with a written subcontract that the owner assented to in writing does not need it.
How long does a Connecticut mechanic's lien last?
One year from recording, unless you start a foreclosure action and record a lis pendens within that year, or within 60 days after a ruling on a § 49-35a application if that is later (§ 49-39).
Can I lien a public building in Connecticut?
No. On state and municipal projects over $100,000 the contractor must post a payment bond under § 49-41, and unpaid subs and suppliers claim against that bond by serving a notice of claim on the surety, generally within 180 days after their last work (§ 49-42).
Are lien waivers in a subcontract enforceable in Connecticut?
The statute does not prohibit them, and the annotations to § 49-33 cite decisions enforcing lien waivers in subcontracts. Review waiver language before signing.
Sources
- Connecticut General Assembly: General Statutes Chapter 847, Liens (§§ 49-33 to 49-42)
- Connecticut General Assembly: General Statutes Chapter 400, Home Improvement (§ 20-429)
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.
