Table of Contents Sec. 49-32. Liens in favor of the United States. Section 49-32 is repealed. Sec. 49-32a. Federal liens. (a) (1) Notices of liens upon real property for taxes
payable to the United States and notices of liens upon real property for costs and damages
payable to the United States, and certificates and notices affecting such liens shall be
filed in the office of the clerk of the town in which the real property subject to a federal
tax lien or other federal lien is situated. (2) Notices of liens upon personal property,
whether tangible or intangible, for taxes payable to the United States and for costs and
damages payable to the United States and certificates and notices affecting such liens
shall be filed in the office of the Secretary of the State in accordance with subsection
(1) of section 42a-9-403. Sec. 49-33. Mechanic's lien. Precedence. Rights of subcontractors. (a) If any
person has a claim for more than ten dollars for materials furnished or services rendered
in the construction, raising, removal or repairs of any building or any of its appurtenances
or in the improvement of any lot or in the site development or subdivision of any plot
of land, and the claim is by virtue of an agreement with or by consent of the owner of
the land upon which the building is being erected or has been erected or has been moved,
or by consent of the owner of the lot being improved or by consent of the owner of the
plot of land being improved or subdivided, or of some person having authority from or
rightfully acting for the owner in procuring the labor or materials, the building, with the
land on which it stands or the lot or in the event that the materials were furnished or
services were rendered in the site development or subdivision of any plot of land, then
the plot of land, is subject to the payment of the claim. Sec. 49-34. Certificate of lien to be recorded and notice given to owner. A mechanic's lien is not valid, unless the person performing the services or furnishing the
materials, (1) within ninety days after he has ceased to do so, lodges with the town clerk
of the town in which the building, lot or plot of land is situated a certificate in writing,
which shall be recorded by the town clerk with deeds of land, (A) describing the premises, the amount claimed as a lien thereon, the name or names of the person against
whom the lien is being filed and the date of the commencement of the performance of
services or furnishing of materials, (B) stating that the amount claimed is justly due, as
nearly as the same can be ascertained, and (C) subscribed and sworn to by the claimant,
and (2) within the same time, or prior to the lodging of the certificate but not later than
thirty days after lodging the certificate, serves a true and attested copy of the certificate
upon the owner of the building, lot or plot of land in the same manner as is provided
for the service of the notice in section 49-35. Sec. 49-35. Notice of intent. Liens of subcontractors and materialmen. (a) No
person other than the original contractor for the construction, raising, removal or repairing of the building, or the development of any lot, or the site development or subdivision of any plot of land or a subcontractor whose contract with the original contractor
is in writing and has been assented to in writing by the other party to the original contract,
is entitled to claim any such mechanic's lien, unless, after commencing, and not later than
ninety days after ceasing, to furnish materials or render services for such construction,
raising, removal or repairing, he gives written notice to the owner of the building, lot
or plot of land and to the original contractor that he has furnished or commenced to
furnish materials, or rendered or commenced to render services, and intends to claim a
lien therefor on the building, lot or plot of land; provided an original contractor shall
not be entitled to such notice, unless, not later than fifteen days after commencing the
construction, raising, removal or repairing of the building, or the development of any
lot, or the site development or subdivision of any plot of land, such original contractor
lodges with the town clerk of the town in which the building, lot or plot of land is situated
an affidavit in writing, which shall be recorded by the town clerk with deeds of land,
(1) stating the name under which such original contractor conducts business, (2) stating
his business address and (3) describing the building, lot or plot of land. The right of any
person to claim a lien under this section shall not be affected by the failure of such
affidavit to conform to the requirements of this section. The notice shall be served upon
the owner or original contractor, if such owner or original contractor resides in the same
town in which the building is being erected, raised, removed or repaired or the lot is
being improved, or the plot of land is being improved or subdivided, by any indifferent
person, state marshal or other proper officer, by leaving with such owner or original
contractor or at his usual place of abode a true and attested copy thereof. If the owner
or original contractor does not reside in such town, but has a known agent therein, the
notice may be so served upon the agent, otherwise it may be served by any indifferent
person, state marshal or other proper officer, by mailing a true and attested copy of the
notice by registered or certified mail to the owner or original contractor at the place
where he resides. If such copy is returned unclaimed, notice to such owner or original
contractor shall be given by publication in accordance with the provisions of section 1-
2. When there are two or more owners, or two or more original contractors, the notice
shall be so served on each owner and on each original contractor. The notice, with the
return of the person who served it endorsed thereon, shall be returned to the original
maker of the notice within said period of ninety days. To the .... Court of .... Name of Applicant The above application having been presented to the court, it is hereby ordered, that
a hearing be held thereon at .... a.m. and that the applicant give notice to the following
persons: (Names and addresses of persons entitled to notice) of the pendency of said
application and of the time when it will be heard by causing a true and attested copy of
the application, and of this order to be served upon such persons by some proper officer
or indifferent person on or before .... and that due return of such notice be made to this
court. To a state marshal of the county of ...., or either constable of the town of ...., in said
county, Greeting: .... (1) The clerk upon receipt of all the documents in duplicate, if he finds them to be
in proper form, shall fix a date for a hearing on the application and sign the order of
hearing and notice. An entry fee of twenty dollars shall then be collected and a copy of
the original document shall be placed in the court file. Sec. 49-35b. Burden of proof at hearing. Authority of court. (a) Upon the hearing held on the application or motion set forth in section 49-35a, the lienor shall first
be required to establish that there is probable cause to sustain the validity of his lien.
Any person entitled to notice under section 49-35a may appear, be heard and prove by
clear and convincing evidence that the validity of the lien should not be sustained or
the amount of the lien claimed is excessive and should be reduced. Sec. 49-35c. Appeal. (a) Any order entered as provided in subsection (b) of section
49-35b shall be deemed a final judgment for the purpose of appeal. Sec. 49-35d. Validation of lien recorded prior to April 22, 1975. (a) Any person
who prior to April 22, 1975, placed a mechanic's lien upon any real estate pursuant to
sections 49-33, 49-34, 49-35 and 49-38, which was not released or discharged on such
date, may validate such lien by filing a new certificate of mechanic's lien and serving
a true and attested copy thereof pursuant to the provisions of section 49-34, and, if
applicable, by serving the notice required by section 49-35, within ninety days from
June 25, 1975, and such mechanic's lien shall be deemed to have originated as of the
effective date of the original mechanic's lien so validated, provided, such validation
shall not affect the interest of any person acquiring an interest in such real estate as
an owner or mortgagee from April 22, 1975, through June 25, 1975, inclusive. Such
validation shall not affect the interest of any person to whom such validation would be
in violation of the constitution of the United States or the constitution of the state of
Connecticut, but in such event such lien shall have no less validity than if the lienor had
commenced the rendering of services or the furnishing of materials on June 25, 1975.
Any such lien not validated pursuant to this section shall be invalid and discharged as
a matter of law. Sec. 49-36. Liens limited; apportionment; payments to original contractor. (a)
No mechanic's lien may attach to any building or its appurtenances, or to the land on
which the same stands, or any lot, or any plot of land, in favor of any person, to a greater
amount in the whole than the price which the owner agreed to pay for the building and
its appurtenances or the development of any such lot, or the development of any such
plot of land. Sec. 49-37. Dissolution of mechanic's lien by substitution of bond. Joinder of
actions on claim and bond. (a) Whenever any mechanic's lien has been placed upon
any real estate pursuant to sections 49-33, 49-34 and 49-35, the owner of that real estate,
or any person interested in it, may make an application to any judge of the Superior
Court that the lien be dissolved upon the substitution of a bond with surety, and the
judge shall order reasonable notice to be given to the lienor of the application. If the
lienor is not a resident of the state, the judge may order notice to be given by publication,
registered or certified letter or personal service. If the judge is satisfied that the applicant
in good faith intends to contest the lien, he shall, if the applicant offers a bond, with
sufficient surety, conditioned to pay to the lienor or his assigns such amount as a court
of competent jurisdiction may adjudge to have been secured by the lien, with interest
and costs, order the lien to be dissolved and such bond substituted for the lien and shall
return the application, notice, order and bond to the clerk of the superior court for the
judicial district wherein the lien is recorded; and, if the applicant, within ten days from
such return, causes a copy of the order, certified by the clerk, to be recorded in the town
clerk's office where the lien is recorded, the lien shall be dissolved. Whenever a bond
is substituted for any lien after an action for the foreclosure of a lien has been commenced,
the plaintiff in the foreclosure may amend his complaint, without costs, so as to make
the action one upon the bond with which the plaintiff may join an action to recover upon
his claim. Whenever a bond is substituted for any lien before an action for the foreclosure
of the lien has been commenced, the plaintiff may join the action upon the bond with
an action to recover upon his claim. Whenever a bond has been substituted for any lien,
pursuant to this section, unless an action is brought to recover upon the bond within one
year from the date of recording the certificate of lien, the bond shall be void. Sec. 49-37a. Lien validated when bond substituted prior to April 22, 1975.
Whenever prior to April 22, 1975, a bond has been substituted for any lien pursuant to
section 49-37, which bond was in effect on said date, the obligee on such bond may
validate the lien for which the bond was substituted by serving, by registered or certified
mail, upon the principal and surety on such bond a copy of the certificate of mechanic's
lien which was originally filed, within ninety days of June 25, 1975. Any such lien not
validated pursuant to this section shall be deemed to have been invalid and discharged
as a matter of law. Sec. 49-38. Lien on railroad for services or materials in construction. If any
person has a claim for materials furnished or services rendered for the construction of
any railroad, or any of its appurtenances, under any contract with or approved by the
corporation owning or managing it, the railroad shall, with its real estate, right-of-way,
material, equipment, rolling stock and franchises, be subject to the payment of that
claim; and that claim shall be a lien on the railroad, railroad property and franchises,
and the lien shall be asserted, perfected and foreclosed in all respects in accordance with
the provisions of sections 49-34 to 49-37, inclusive, except that the certificates of the
lien and of its discharge shall be filed in the office of the Secretary of the State, who
shall record them in a book kept for that purpose. Sec. 49-39. Time limitation of mechanic's lien. Action to foreclose privileged.
A mechanic's lien shall not continue in force for a longer period than one year after
the lien has been perfected, unless the party claiming the lien commences an action to
foreclose it, by complaint, cross-complaint or counterclaim, and records a notice of lis
pendens in evidence thereof on the land records of the town in which the lien is recorded
within one year from the date the lien was recorded or within sixty days of any final
disposition of an appeal taken in accordance with section 49-35c, whichever is later.
Each such lien, after the expiration of the one-year period or sixty-day period, as the
case may be, without action commenced and notice thereof filed as aforesaid, shall be
invalid and discharged as a matter of law. An action to foreclose a mechanic's lien shall
be privileged in respect to assignment for trial. With respect to any such lien which was
validated in accordance with the provisions of section 49-37a, the one-year period or
sixty-day period, as the case may be, shall toll from the date of the validation. Sec. 49-40. Record of discharge of mechanic's and judgment liens. Section 49-
40 is repealed. Sec. 49-40a. Mechanic's liens expired by limitation of time. Any mechanic's
lien which has expired because of failure to comply with the time limitations of section
49-39 is automatically extinguished and the continued existence of the lien unreleased
of record in no way affects the record owner's title nor the marketability of the same. Sec. 49-40b. Transferred to Chapter 906, Sec. 52-380c. Sec. 49-41. Public structures. Bonds for protection of employees and materialmen. (a) Each contract exceeding fifty thousand dollars in amount for the construction,
alteration or repair of any public building or public work of the state or of any subdivision
thereof shall include a provision that the person to perform the contract shall furnish to
the state or the subdivision on or before the award date, a bond in the amount of the
contract which shall be binding upon the award of the contract to that person, with a
surety or sureties satisfactory to the officer awarding the contract, for the protection of
persons supplying labor or materials in the prosecution of the work provided for in the
contract for the use of each such person, provided no such bond shall be required to be
furnished (1) in relation to any general bid in which the total estimated cost of labor and
materials under the contract with respect to which such general bid is submitted is less
than fifty thousand dollars, (2) in relation to any sub-bid in which the total estimated
cost of labor and materials under the contract with respect to which such sub-bid is
submitted is less than fifty thousand dollars, or (3) in relation to any general bid or sub-
bid submitted by a consultant, as defined in section 4b-55. Any such bond furnished
shall have as principal the name of the person awarded the contract. Sec. 49-41a. Enforcement of payment by general contractor to subcontractor
and by subcontractor to his subcontractors. (a) When any public work is awarded
by a contract for which a payment bond is required by section 49-41, the contract for
the public work shall contain the following provisions: (1) A requirement that the general
contractor, within thirty days after payment to the contractor by the state or a municipality, pay any amounts due any subcontractor, whether for labor performed or materials
furnished, when the labor or materials have been included in a requisition submitted by
the contractor and paid by the state or a municipality; (2) a requirement that the general
contractor shall include in each of its subcontracts a provision requiring each subcontractor to pay any amounts due any of its subcontractors, whether for labor performed or
materials furnished, within thirty days after such subcontractor receives a payment from
the general contractor which encompasses labor or materials furnished by such subcontractor. Sec. 49-41b. Release of payments on construction projects. When any public
work is awarded by a contract for which a payment bond is required by section 49-41
and such contract contains a provision requiring the general or prime contractor under
such contract to furnish a performance bond in the full amount of the contract price, the
following shall apply: Sec. 49-41c. State contractor to make payment to subcontractor within thirty
days. Any person contracting with the state shall make payment to any subcontractor
employed by such contractor within thirty days of payment by the state to the contractor
for any work performed or, in the case of any contract entered into on or after October
1, 1986, for materials furnished by such subcontractor, provided such contractor may
withhold such payment if such contractor has a bona fide reason for such withholding
and if such contractor notifies the affected subcontractor, in writing, of his reasons for
withholding such payment and provides the state board, commission, department, office,
institution, council or other agency through which such contractor had made the contract,
with a copy of the notice, within such thirty-day period. Sec. 49-42. Enforcement of right to payment on bond. Suit on bond, procedure
and judgment. (a) Any person who performed work or supplied materials for which a
requisition was submitted to, or for which an estimate was prepared by, the awarding
authority and who does not receive full payment for such work or materials within sixty
days of the applicable payment date provided for in subsection (a) of section 49-41a,
or any person who supplied materials or performed subcontracting work not included
on a requisition or estimate who has not received full payment for such materials or
work within sixty days after the date such materials were supplied or such work was
performed, may enforce his right to payment under the bond by serving a notice of claim
on the surety that issued the bond and a copy of such notice to the contractor named as
principal in the bond within one hundred eighty days of the applicable payment date
provided for in subsection (a) of section 49-41a, or, in the case of a person supplying
materials or performing subcontracting work not included on a requisition or estimate,
within one hundred eighty days after the date such materials were supplied or such work
was performed. The notice of claim shall state with substantial accuracy the amount
claimed and the name of the party for whom the work was performed or to whom the
materials were supplied, and shall provide a detailed description of the bonded project
for which the work or materials were provided. If the content of a notice prepared in
accordance with subsection (b) of section 49-41a complies with the requirements of this
section, a copy of such notice, served within one hundred eighty days of the payment
date provided for in subsection (a) of section 49-41a upon the surety that issued the
bond and upon the contractor named as principal in the bond, shall satisfy the notice
requirements of this section. Within ninety days after service of the notice of claim, the
surety shall make payment under the bond and satisfy the claim, or any portion of the
claim which is not subject to a good faith dispute, and shall serve a notice on the claimant
denying liability for any unpaid portion of the claim. The notices required under this
section shall be served by registered or certified mail, postage prepaid in envelopes
addressed to any office at which the surety, principal or claimant conducts his business,
or in any manner in which civil process may be served. If the surety denies liability on
the claim, or any portion thereof, the claimant may bring action upon the payment bond
in the Superior Court for such sums and prosecute the action to final execution and
judgment. An action to recover on a payment bond under this section shall be privileged
with respect to assignment for trial. The court shall not consolidate for trial any action
brought under this section with any other action brought on the same bond unless the
court finds that a substantial portion of the evidence to be adduced, other than the fact that
the claims sought to be consolidated arise under the same general contract, is common to
such actions and that consolidation will not result in excessive delays to any claimant
whose action was instituted at a time significantly prior to the motion to consolidate.
In any such proceeding, the court judgment shall award the prevailing party the costs
for bringing such proceeding and allow interest at the rate of interest specified in the
labor or materials contract under which the claim arises or, if no such interest rate is
specified, at the rate of interest as provided in section 37-3a upon the amount recovered,
computed from the date of service of the notice of claim, provided, for any portion of
the claim which the court finds was due and payable after the date of service of the
notice of claim, such interest shall be computed from the date such portion became due
and payable. The court judgment may award reasonable attorneys fees to either party
if upon reviewing the entire record, it appears that either the original claim, the surety's
denial of liability, or the defense interposed to the claim is without substantial basis in
fact or law. Any person having direct contractual relationship with a subcontractor but
no contractual relationship express or implied with the contractor furnishing the payment
bond shall have a right of action upon the payment bond upon giving written notice of
claim as provided in this section. Sec. 49-43. Certified copies of bonds and contracts for public works. Each
agency of the state or of any subdivision thereof, in charge of the construction, alteration
or repair of any public building or public work of the state or of any subdivision thereof,
shall furnish, to any person making application therefor who submits an affidavit that
he has supplied labor or materials for the work and payment therefor has not been made
or that he is being sued on the bond, a copy of the bond and the contract for which it
was given, certified by the administrative head of the agency, which copy shall be prima
facie evidence of the contents, execution and delivery of the original. Applicants shall
pay for those certified copies such fees as are provided in section 1-212. Secs. 49-44 to 49-46. Recording of judgment lien; when it holds from attachment. Lien only on land liable to execution at date of judgment. Owner of judgment
may file lien; foreclosure, limitation of time, notice of lis pendens. Sections 49-44
to 49-46, inclusive, are repealed. Sec. 49-46a. Transferred to Chapter 906, Sec. 52-380d. Sec. 49-47. Transferred to Chapter 906, Sec. 52-380h. Sec. 49-47a. Form of mechanic's lien foreclosure certificates. Certificates of
foreclosure of mechanic's liens shall be, as far as possible, of the same form as is prescribed for certificates of foreclosure of mortgages. Sec. 49-48. Transferred to Chapter 906, Sec. 52-380i. Sec. 49-49. When insolvency proceedings set aside lien. Section 49-49 is repealed. Sec. 49-50. Transferred to Chapter 906, Sec. 52-380f. Sec. 49-51. Discharge of invalid lien. (a) Any person having an interest in any
real or personal property described in any certificate of lien, which lien is invalid but
not discharged of record, may give written notice to the lienor sent to him at his last-
known address by registered mail or by certified mail, postage prepaid, return receipt
requested, to discharge the lien. Upon receipt of such notice, the lienor shall discharge
the lien by sending a release sufficient under section 52-380d, by first class mail, postage
prepaid, to the person requesting the discharge. If the lien is not discharged within thirty
days of the notice, that person may apply to the Superior Court for such a discharge,
and the court may adjudge the validity or invalidity of the lien and may award the plaintiff
damages for the failure of the defendant to make discharge upon request. If the court is
of the opinion that such certificate of lien was filed without just cause, it may allow, in
its discretion, damages to any person aggrieved by such failure to discharge, at the rate
of one hundred dollars for each week after the expiration of such thirty days, but not
exceeding in the whole the sum of five thousand dollars or an amount equal to the loss
sustained by such aggrieved person as a result of such failure to discharge the lien, which
loss shall include, but not be limited to, a reasonable attorney's fee, whichever is greater. Sec. 49-52. Pendency of action to foreclose lien on personalty not to be notice.
The pendency of an action for the foreclosure of any lien, other than a chattel mortgage,
upon any personal estate is not notice of that action to any person who acquires an
interest in that estate during the pendency of the action, unless the officer serving the
process and complaint in the action leaves a true and attested copy of the process and
complaint at the office of the town clerk of the town in which the lien is recorded at
least twelve days before the return day of the process. A judgment or decree of foreclosure obtained in that action, upon any process and complaint of which a copy is not so
left at the town clerk's office, does not affect the rights of any person acquiring an
interest in the estate during the pendency of the action.
Sec. 49-32. Liens in favor of the United States.
Sec. 49-32a. Federal liens.
Sec. 49-33. Mechanic's lien. Precedence. Rights of subcontractors.
Sec. 49-34. Certificate of lien to be recorded and notice given to owner.
Sec. 49-35. Notice of intent. Liens of subcontractors and materialmen.
Sec. 49-35a. Application for reduction or discharge. Forms. Hearing. Entry fee.
Sec. 49-35b. Burden of proof at hearing. Authority of court.
Sec. 49-35c. Appeal.
Sec. 49-35d. Validation of lien recorded prior to April 22, 1975.
Sec. 49-36. Liens limited; apportionment; payments to original contractor.
Sec. 49-37. Dissolution of mechanic's lien by substitution of bond. Joinder of actions on
claim and bond.
Sec. 49-37a. Lien validated when bond substituted prior to April 22, 1975.
Sec. 49-38. Lien on railroad for services or materials in construction.
Sec. 49-39. Time limitation of mechanic's lien. Action to foreclose privileged.
Sec. 49-40. Record of discharge of mechanic's and judgment liens.
Sec. 49-40a. Mechanic's liens expired by limitation of time.
Sec. 49-40b.
Sec. 49-41. Public structures. Bonds for protection of employees and materialmen.
Sec. 49-41a. Enforcement of payment by general contractor to subcontractor and by subcontractor to his subcontractors.
Sec. 49-41b. Release of payments on construction projects.
Sec. 49-41c. State contractor to make payment to subcontractor within thirty days.
Sec. 49-42. Enforcement of right to payment on bond. Suit on bond, procedure and
judgment.
Sec. 49-43. Certified copies of bonds and contracts for public works.
Secs. 49-44 to 49-46. Recording of judgment lien; when it holds from attachment. Lien
only on land liable to execution at date of judgment. Owner of judgment may file lien;
foreclosure, limitation of time, notice of lis pendens.
Sec. 49-46a.
Sec. 49-47.
Sec. 49-47a. Form of mechanic's lien foreclosure certificates.
Sec. 49-48.
Sec. 49-49. When insolvency proceedings set aside lien.
Sec. 49-50.
Sec. 49-51. Discharge of invalid lien.
Sec. 49-52. Pendency of action to foreclose lien on personalty not to be notice.
Sec. 49-53. Duty of officer serving process in such action. Record by town clerk.
Sec. 49-54.
Sec. 49-55. Vessel lien in connection with building, repairing, mooring, dockage or
storage.
Sec. 49-55a. Notice of vessel lien. Substitution of bond. Sale of vessel and satisfaction
of lien.
Sec. 49-55b. Form of notice of vessel lien.
Sec. 49-55c. Dissolution of lien. Action by person claiming lien.
Sec. 49-55d. Obtaining of lien without possession of vessel. Writ of attachment. Judicial
sale.
Sec. 49-56. Notice of vessel lien to be filed with Secretary of the State. Duration of
lien. Discharge.
Sec. 49-56a. Termination or removal of notice of lien.
Sec. 49-57. Form of certificate of lien on vessel.
Sec. 49-58. Lien not to exceed contract price.
Sec. 49-59. Discharge of liens. Penalty for failure to discharge.
Sec. 49-60. Jewelers' liens. Television and radio service dealers' liens.
Sec. 49-61. Release of artificer's lien on substitution of bond. Lien on motor vehicle;
notice to commissioner. Sale.
Sec. 49-62. Form of application.
Sec. 49-63. Notice of application. Hearing.
Sec. 49-64. Form of bond.
Sec. 49-65. Dissolution of lien to be recorded.
Sec. 49-66. Pleadings may be amended.
Sec. 49-67. Limitation of action on bond.
Sec. 49-68. Liens of boardinghouse keepers.
Sec. 49-69. Liens of hotel keepers.
Sec. 49-70. Lien on animals for their keep. Transfer of abandoned animals.
Sec. 49-71. Lien of manufacturers on materials.
Sec. 49-72. Liens for rates or charges owed to private water company.
Sec. 49-73. Liens on accident and liability policies in favor of hospitals and ambulance
services. Service of process on insurer and defendant.
Sec. 49-73a. Liens on proceeds of fire insurance for outstanding municipal taxes.
Sec. 49-73b. Municipalities authorized to recover expenses. Liens on real estate and fire
insurance proceeds.
Sec. 49-73c. Certificate of lien to constitute constructive notice.
Sec. 49-73d. Insurance company to notify town clerk of demand in writing of a statement
of liens.
Sec. 49-73e. Precedence and priority of liens.
Sec. 49-73f. Municipal ordinance providing for release or return of insurance proceeds.
Sec. 49-73g. Insurance company not to be held liable for payments to municipality.
Sec. 49-73h. Applicability of lien provisions.
Sec. 49-73i. Provisions re liens on insurance proceeds not to be deemed to affect other
liens on real estate.
Sec. 49-74. Liens for cleaning, storage and other charges.
Sec. 49-75. Sale of property subject to lien for other than storage charges.
Sec. 49-76. Sale of property subject to lien for storage charges.
Secs. 49-77 to 49-85. Liens of factors on merchandise, generally.
Sec. 49-86. Bond in lieu of attachment. Notice of lien.
Sec. 49-87. Certificate of dissolution of bond, filing.
Sec. 49-88. Duration of lien.
Sec. 49-89. When judgment lien to date back to notice.
Sec. 49-90. Certificate of withdrawal of suit or nonsuit to be issued by court clerk.
Sec. 49-91. Certificate of removal of lien.
Sec. 49-92. Other lien rights not affected. Compliance with other statutes.
Sec. 49-92a. Purchaser's lien. Precedence. Foreclosure.
Sec. 49-92b. Dissolution on substitution of bond. Joinder of actions on claim and bond.
Sec. 49-92c. Limitation of lien.
Sec. 49-92d. Record of discharge.
Sec. 49-92e. Action to claim discharge.
Sec. 49-92f. Certificate of removal of lien.
Sec. 49-92g. Aircraft liens.
Sec. 49-92h. Notice of aircraft lien. Substitution of bond. Sale of aircraft and satisfaction of lien.
Sec. 49-92i. Form of notice of aircraft lien.
Sec. 49-92j. Dissolution of aircraft lien. Action by person claiming lien.
Sec. 49-92k. Discharge of aircraft lien. Penalty for failure to discharge.
Secs. 49-92l to 49-92n.
Sec. 49-92o. Assignment of liens by regional sewer authorities for unpaid sewer assessments or connection or use charges.
Sec. 49-92p. Assignment of liens by regional water authorities for unpaid water assessments or connection and use charges.
(1949 Rev., S. 7213; 1959, P.A. 574, S. 4; 1963, P.A. 528, S. 5; 1967, P.A. 456, S. 7.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Certification by the Secretary of the Treasury of the United States or his delegate
of notices of liens, certificates or other notices affecting tax liens or other federal liens
entitles them to be filed and no other attestation, certification or acknowledgment is
necessary.
(c) (1) If a notice of federal tax lien or other federal lien, a refiling of a notice of
tax lien or other federal lien or a notice of revocation of any certificate described in
subdivision (2) is presented to the filing officer and (A) he is the Secretary of the State, he
shall cause the notice to be marked, held and indexed in accordance with the provisions of
subsection (4) of section 42a-9-403, as if the notice were a financing statement within
the meaning of that section; or (B) he is a town clerk, he shall endorse thereon his
identification and the date and time of receipt and forthwith record it in accordance with
section 42a-9-409. (2) If a certificate of release, nonattachment, discharge or subordination of any tax lien or other federal lien is presented to the Secretary of the State for
filing he shall (A) cause a certificate of release or nonattachment to be marked, held
and indexed as if the certificate were a termination statement within the meaning of the
Uniform Commercial Code, and (B) cause a certificate of discharge or subordination
to be held, marked and indexed as if the certificate were a release of collateral within
the meaning of the Uniform Commercial Code. (3) If a refiled notice of federal tax lien
or other federal lien referred to in subdivision (1) or any of the certificates or notices
referred to in subsection (b) is presented for filing with any other filing officer specified
in subsection (a), he shall record it in accordance with subsection (2) of section 42a-9-
409 if the original was recorded or, if the original was filed, permanently attach the
refiled notice or the certificate to the original notice of lien and enter the refiled notice
or the certificate with the date of filing in any alphabetical federal tax lien index or other
federal lien index on the line where the original notice of lien is entered. (4) Upon request
of any person, the filing officer shall issue his certificate showing whether there is on
file, on the date and hour stated therein, any notice of federal tax lien or other federal
lien or certificate or notice affecting the lien, filed on or after July 1, 1967, naming a
particular person, and if a notice or certificate is on file, giving the date and hour of
filing of each notice or certificate. The fee for such a certificate and for a copy of any
notice of federal tax lien or other federal lien or notice or certificate affecting a federal
tax lien or other federal lien shall be computed in accordance with subsection (2) of
section 42a-9-407.
(d) Except as provided by subsection (5) of section 42a-9-403, the fee for filing and
indexing each notice of lien or certificate or notice affecting the tax lien or other federal
lien is: (1) For a tax lien or other federal lien on real estate, as provided in section 7-
34a; (2) for a tax lien on tangible and intangible personal property, three dollars; (3) for
all other notices, including a certificate of release, discharge, subordination or nonattachment, one dollar.
(1967, P.A. 456, S. 1−6; P.A. 87-589, S. 59, 87; P.A. 88-159, S. 1, 11; P.A. 90-117, S. 3.)
History: P.A. 87-589 made provisions applicable to all federal liens and deleted Subsecs. (e) and (f) concerning references to uniform law; P.A. 88-159 amended Subsec. (a) by adding reference to Subsec. (1) of Sec. 42a-9-403 and amended
Subsec. (d) by adding reference to Subsec. (5) of Sec. 42a-9-403; P.A. 90-117 amended Subdiv. (2) of Subsec. (c) to delete
the provision prohibiting the secretary of the state from removing from the files the notice of lien to which a certificate of
release or nonattachment relates.
Former section cited. 23 CS 380.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The claim is a lien on the land, building and appurtenances or lot or in the event
that the materials were furnished or services were rendered in the site development or
subdivision of any plot of land, then on the plot of land and the claim takes precedence
over any other encumbrance originating after the commencement of the services, or the
furnishing of any such materials, subject to apportionment as provided in section 49-36.
(c) If any such liens exist in favor of two or more persons for materials furnished
or services rendered in connection with the same construction, raising, removal or repairs
of any building or any of its appurtenances, or in the improvement of any lot, or in the
site development or subdivision of any plot of land, no one of those persons shall have
any priority over another except as hereinafter provided.
(d) If any instrument constituting a valid encumbrance upon such land other than
a mechanic's lien is filed for record while the building is being constructed, raised,
removed or repaired, or the lot is being improved, or the plot of land is being improved
or subdivided, all such mechanic's liens originating prior to the filing of that instrument
for record take precedence over that encumbrance and no such mechanic's lien shall have
priority over any other such mechanic's lien. That encumbrance and all such mechanic's
liens shall take precedence over any mechanic's lien which originates for materials
furnished or services rendered after the filing of that instrument for record, but no one
of the mechanic's liens originating after the filing of that instrument for record has
precedence over another. If any lienor waives or releases his lien or claim of precedence
to any such encumbrance, that lien shall be classed with and have no priority over liens
originating subsequent to that encumbrance.
(e) A mechanic's lien shall not attach to any such building or its appurtenances or
to the land on which the same stands or to any lot or to any plot of land, in favor of any
subcontractor to a greater extent in the whole than the amount which the owner has
agreed to pay to any person through whom the subcontractor claims subject to the provisions of section 49-36.
(f) Any such subcontractor shall be subrogated to the rights of the person through
whom the subcontractor claims, except that the subcontractor shall have a mechanic's
lien or right to claim a mechanic's lien in the event of any default by that person subject
to the provisions of sections 49-34, 49-35 and 49-36, provided the total of such lien or
liens shall not attach to any building or its appurtenances, or to the land on which the
same stands or to any lot or to any plot of land, to a greater amount in the whole than
the amount by which the contract price between the owner and the person through whom
the subcontractor claims exceeds the reasonable cost, either estimated or actual, as the
case may be, of satisfactory completion of the contract plus any damages resulting from
such default for which that person might be held liable to the owner and all bona fide
payments, as defined in section 49-36, made by the owner before receiving notice of
such lien or liens.
(g) In the case of the removal of any building, no such mechanic's lien shall take
precedence over any encumbrance upon the land to which such building has been removed which accrued before the building was removed upon the land.
(h) If any person has a claim for more than ten dollars for materials furnished or
services rendered in the construction, raising, removal or repairs of any real property,
and the claim is by virtue of an agreement with or by consent of the lessee of such real
property or of some person having authority from or rightfully acting for such lessee in
procuring the materials or labor, then the leasehold interest in such real property is
subject to the payment of the claim. This subsection shall not be construed to limit any
of the rights or remedies available to such person under subsection (a) of this section.
(i) Any mechanic's lien may be foreclosed in the same manner as a mortgage.
(1949 Rev., S. 7217; 1949, 1953, S. 2973d; P.A. 74-310, S. 1; P.A. 79-602, S. 86; P.A. 99-153, S. 7.)
History: P.A. 74-310 applied provisions with respect to improvement of lots, site improvements and subdivisions of
land; P.A. 79-602 divided section into Subsecs. and restated provisions but made no substantive changes; P.A. 99-153
added new Subsec. (h) to allow mechanic's liens to attach to leasehold interests without limiting existing lien rights or
remedies and relettered the remaining Subsec. accordingly.
See Sec. 49-9 re form of release of mechanic's liens.
Attaching creditors take subject to the lien for work done and to be done under a contract. 18 C. 347. A lien covers all
the land required for the convenient use of the building. Id. The rules of equity concerning mortgages apply to mechanics'
liens. 23 C. 355; 26 C. 319; 29 C. 265. The statute in force in 1852 did not extend to a subcontractor, who performed
services or furnished materials on the credit of the original contractor, without the owner's assent. 23 C. 545; id., 635. A
lien may be enforced against the husband's interest in his wife's land, for work ordered by him without her assent. 23 C.
569. No lien for work or materials furnished without the authority or assent of the owner. 27 C. 577. There can be no lien
for fitting up an existing mill with machinery. 29 C. 267. Whether notes received in payment of the claim will discharge
the lien. quaere. Id.; 30 C. 475. As this statute prefers certain creditors over the rest, it should be somewhat strictly construed.
30 C. 474. Materialmen are entitled to this lien, although furnishing no labor. 30 C. 471. Unless the materials are both
furnished and used for a particular building materialmen are not entitled to lien if they furnish no labor. 30 C. 471; 91 C.
717. Taking the owner's note on time for the amount due does not discharge the lien. 39 C. 354. Putting furnaces into a
house may give a lien. 39 C. 363. Where work is done upon a block of houses upon a single lot under one entire contract,
the builder's lien extends to the whole block. 41 C. 361. This statute applies to buildings of a railroad company. 41 C. 454.
A lien does not necessarily pass by endorsement of a note given for the claim secured by the lien. Id., 522; 80 C. 400. Lien
may be filed and foreclosed by an agent, as such, without disclosing principal. Id., 95. Question of priority between
mechanic's lien and mortgage. Id., 36; 58 C. 511; 115 C. 703; 116 C. 273; 130 C. 367. Where one erects a building on
land of another, with the latter's consent, a lien for work and materials attaches to the building and the rights of its owner
in the soil, but does not affect the rights of the landowner. 42 C. 95. Where materials were furnished, under separate
contracts for two houses being built by the same builder upon adjoining lots and no separate account of materials for each
house was kept, a single lien on both houses for the whole debt was invalid. Id., 292; 76 C. 382; 78 C. 475; 89 C. 527; id.,
554; 91 C. 169; id., 717. Lien for materials and work under single contract may cover two adjoining lots used together. 44
C. 349. Lien for amount largely in excess of debt, so made by mistake, good for amount actually due. Id.; 51 C. 177, 440;
91 C. 285; 100 C. 344. Where husband directs work to be done on wife's land, with her knowledge, but without her request,
lien holds only husband's interest. 45 C. 563; 46 C. 558; 58 C. 445; 62 C. 75. Immaterial whether materialman files
certificate of lien before giving notice of intent, provided both are done within statutory limits. 46 C. 386. Correction of
date of certificate allowed on foreclosure hearing. 47 C. 83. Wife's lease for 999 years is not liable to a lien for buildings
erected on the land under contract with husband. 49 C. 27. Lien securing outlawed claim cannot be enforced. 50 C. 270;
119 C. 359. Lien need not state full amount of labor and materials furnished, but only balance due; various points about
liens. 51 C. 177. Whether under stated facts agent had authority to act for owner. 52 C. 532; 96 C. 229. Lien for erection
of farm buildings held to cover whole farm. 59 C. 296; 98 C. 747. It is essential to the validity of a single lien upon separate
buildings that they shall be erected for some general and connected use. 61 C. 578. Lien may exist though contractor's
right to payment is deferred by contract. 69 C. 228. Statutes to be favorably construed. 73 C. 320; but see 81 C. 632. History
of statutes. 76 C. 107. Lien takes precedence over mortgage given after it attaches but before certificate is recorded;
parties to foreclosure. 74 C. 113; 80 C. 392. Rights after partnership performing work is dissolved. 72 C. 378. Meaning
of "appurtenances" artesian well; 73 C. 318; addition to building; 87 C. 316. Waiver of lien by agreement; 79 C. 247; 115
C. 363; taking mortgage; 76 C. 382; or note; 87 C. 316; 107 C. 425; or both 110 C. 670. Priorities as between vendor of
property and lienor. 74 C. 114; 115 C. 362. Nature of foreclosure and rights thereunder; 68 C. 413; where wife owns house
but husband makes contracts. 70 C. 74; 71 C. 77. Assignment of lien carries debt with it. 80 C. 400. Lien does not extend
to public buildings. 81 C. 632; 90 C. 13. Words "by virtue of an agreement" construed. 83 C. 91; 90 C. 651. Priorities
where mortgage for future advances provides that any payments may be withheld in case of lien. 84 C. 326. Agreement
of parties cannot give effect to invalid lien. 89 C. 526. Surveyor employed before any right to property is acquired cannot
have lien which will take precedence of purchase price mortgage. 91 C. 165. Power of one who takes possession of land
under agreement to build house to subject land to lien. 74 C. 113. One who buys land after lien attaches but before certificate
is filed takes subject to it. 87 C. 316; 90 C. 651. Receiver may file. 90 C. 7. Court cannot adjudicate validity of a lien unless
owner of property is a party. Id., 16. No right to lien in contractor who has assigned all interest in contract to another. 97
C. 723. Under former statute claims of original contractors were payable in order of commencement of services or furnishing
of materials. 99 C. 349. Architect has right to lien when. 100 C. 342. No lien for electric light fixtures. 101 C. 3. Waiver
of all liens "we now have or hereafter may have" construed. Id., 90. Contract to purchase land with a house to be erected
by seller held to make seller "original contractor." 104 C. 657. Lien of subcontractor not impaired by secret agreement
between owner and contractor as to book credits. 111 C. 132. Lease which included option to purchase a "valid encumbrance." 113 C. 328. Subcontractor's right of lien depends on existence of such right in original contractor. Id., 347.
Separate certificates not required on same lienable unit of land and buildings. Id., 350. Cited. 115 C. 497. Foreclosure of
lien. 120 C. 16. Taking possession not necessary to appropriation. Id. Where contractor without fault of owner abandons
contract before its substantial completion, so that nothing is due him under contract, the subcontractors have no lien for
labor or materials. 139 C. 642. No lien exists for repairs on installation not found to be a permanent fixture. 141 C. 188.
Claim that materials need only be furnished and not used is untenable. 143 C. 146. Installation of fixtures gives rise to a
mechanic's lien only if fixtures become part of realty. 144 C. 499. Cited. 161 C. 242. Cited. 168 C. 371, 374. Cited. 169
C. 76, 77. Cited. 172 C. 1, 4. Cited. 180 C. 501, 508. Work done in road construction and site preparation held not lienable
under statute prior to 1974 amendment. 180 C. 545, 550, 551, 553, 554. Second tier subcontractor can be subrogated to
general contractor's claims against owner even where first tier contractor has been fully paid. 181 C. 592, 594, 596−599,
602−606. Cited. 182 C. 568, 571−577. Challenge by general contractor to constitutionality of mechanic's lien statutes
discussed. 185 C. 583−586, 601. Cited. 193 C. 290, 291, 296, 297. "Not intended to allow filing of mechanics liens by
attorneys providing assistance in zoning and other matters related to real estate." 217 C. 361, 363−366, 368−370. Cited.
219 C. 810, 818. Cited. 224 C. 563, 571. Cited. Id., 580, 584. Cited. 241 C. 370. P.A. 74-310 Sec. 1 cited. Id. Incorrectly
cited as Sec. 44-33. 242 C. 211. Contracting property owner must hold title to or have equitable interest in the land at time
work is commenced. 243 C. 601.
Cited. 5 CA 106, 109−111. Cited. 6 CA 180, 185. Cited. 27 CA 199, 201. Cited. 31 CA 485, 493, 494. Cited. 37 CA
547, 548. Cited. 39 CA 544, 547.
Cited. 4 CS 432; 10 CS 57; 15 CS 360. Owner's interest in real property not subject to mechanic's lien where owner
merely consented that work be done and was not a party to the contract or a guarantor of it. 13 CS 196. But see 19 CS 55
where materialman's right to foreclose a mechanic's lien was upheld where owner had knowledge and consented to lessee's
improvement of property. Nature of consent discussed. Cited. 20 CS 460. Reformation of a mechanic's lien is legally
impossible unless there is mutual mistake or unilateral mistake coupled with fraud or inequitable conduct. 22 CS 230. One
for whose benefit a mechanic's lien is waived may enforce the waiver. The binding effect of a waiver in a subcontract of
the right to a mechanic's lien is not obviated by the contractor's breach of contract. 22 CS 293. Cited. 23 CS 380; 27 CS
203; 34 CS 638, 640, 641. Cited. 42 CS 460, 470.
Cited. 2 Conn. Cir. Ct. 622.
Subsec. (a):
Owner's permission for lessee to perform leasehold improvements did not constitute the consent required by the statute.
193 C. 290, 291. Cited. 217 C. 361, 363−366, 368−371. Cited. 224 C. 563, 570, 571. Cited. Id., 580, 586. Cited. 235 C.
595, 665. Surveying and engineering services are lienable. 243 C. 601. Where removal of contractor's equipment necessarily
involves repair to building, such repair is a lienable service. 247 C. 234.
Cited. 9 CA 682, 684. Cited. 15 CA 633, 639. Cited. 31 CA 485, 493, 494. Cited. 37 CA 547, 549, 550. Cited. 44 CA
240. Based on facts presented, plaintiff's services were not lienable under section. 51 CA 773.
Subsec. (b):
Cited. 219 C. 810, 816, 817.
Cited. 31 CA 485, 489, 494.
Subsec. (c):
Cited. 241 C. 370.
Subsec. (d):
Cited. 230 C. 807, 813.
Subsec. (f):
Cited. 23 CA 453, 456. Cited. 27 CA 199, 205.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7218; P.A. 74-310, S. 2; P.A. 75-418, S. 1, 10; P.A. 76-290, S. 1, 6; P.A. 79-602, S. 87; P.A. 81-8, S.
8, 9; P.A. 85-501, S. 8.)
History: P.A. 74-310 added reference to lots or plots of land; P.A. 75-418 required that copy of certificate be filed upon
owner of building or land; P.A. 76-290 required that certificates contain name or names of person against whom lien is
being filed, specified that copy may be served on owner of building or land before certificate is lodged and deleted provision
re filing of certificate by executor or administrator when party who might have filed it dies before doing so; P.A. 79-602
restated provisions but made no substantive changes; P.A. 81-8 increased the time limit on the service of a copy of the
certificate from seven to thirty days after lodging the certificate; P.A. 85-501 extended time for filing of certificate from
sixty to ninety days.
See Sec. 7-28 re indexing of mechanic's lien by town clerk.
An innocent overstatement of the amount of the claim will not invalidate the certificate. 18 C. 349; 39 C. 354; 51 C.
440. One certificate may embrace two distinct jobs. 23 C. 567. The description of the premises must be substantially
accurate. 29 C. 266; 30 C. 473. If, after the work is substantially done, there is an unreasonable delay in completing it, any
work done after such delay will not be considered in computing the sixty days for recording the lien. 41 C. 510; id., 617;
46 C. 296; 68 C. 35. Delay held not unreasonable. 99 C. 403. Lienor not held to date of completion stated in lien, but may
prove completion at any time within sixty days before filing of certificate. 46 C. 296. The written assent of the owner to
the subcontractor's contract need not be in any particular form. 71 C. 95. Overstatement of amount due. 80 C. 392. Purpose
of statute; estoppel by recital as to date lien attaches. 71 C. 95. To be liberally construed; 78 C. 475; to effectuate its purpose.
89 C. 520; 99 C. 403. Policy requiring recording. 82 C. 306. Certificate where materials furnished for adjoining buildings.
42 C. 292; 44 C. 349; 76 C. 382; 78 C. 475; 89 C. 527; id., 554; 91 C. 169; id., 712. Precise statement as to amount of
materials not necessary. 76 C. 382. Honest mistake as to quantity of land will not invalidate lien; 89 C. 524; or as to amount
due. 91 C. 170. Time when subcontractor must file lien; effect of filing while services being rendered. 82 C. 298; id., 304.
When certificate filed, lien dates back to beginning of rendering services, as regards mortgage or sale of land. 80 C. 392;
87 C. 316. Time for recording certificate begins to run when work substantially completed. 90 C. 651. Cited. 113 C. 10;
116 C. 275. Error in describing subcontractor as contractor did not invalidate lien. 118 C. 615. Notice of intent to claim a
lien may be served on owner after recording of certificate of lien under this section. 147 C. 351. Cited. 168 C. 371. Cited.
169 C. 76, 77. Cited. 172 C. 1, 4. Certificate of lien must be served on all owners as of date of filing lien, not just on
developer with whom work was contracted. 177 C. 295−297, 299, 300, 302, 303. Cited. 180 C. 501, 508. Cited. 181 C.
592, 594. Notice sent under this statute was sufficient to also satisfy requirements of Sec. 49-35(a). 185 C. 549, 552, 554.
Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. Id., 583, 584, 586, 588. Cited.
210 C. 511, 517, 518. Cited. 219 C. 810, 816, 817. Cited. 224 C. 563−566, 568, 570, 571, 574, 577. Cited. 230 C. 24, 32.
Statute substantially complied with and mechanic's lien held valid; judgment of appellate court in First Constitution Bank
v. Harbor Village Ltd. Partnership, 31 CA 15, reversed. 230 C. 807, 814, 817, 818. Cited. Id., 807, 821. Work done at
request of owner will extend time for filing certificate of lien past the date of substantial completion. 247 C. 234.
Cited. 1 CA 169, 171. Cited. 5 CA 106, 109, 111. Cited. 8 CA 83, 91. Cited. 27 CA 199, 201. Cited. 31 CA 15, 18, 19;
judgment reversed, see 230 C. 807 et seq. Cited. Id., 485, 489. Cited. 37 CA 547, 550. Cited. 44 CA 240. Trivial work
after substantial completion will not extend time for filing lien. 47 CA 265.
A defective mechanic's lien may be reformed to correct a mistaken date of completion if no one is injured. 7 CS 456.
Cited. 13 CS 197; 15 CS 360. Cited. 20 CS 460; 23 CS 380; 27 CS 203. Reformation of a mechanic's lien is legally
impossible unless there is mutual mistake or unilateral mistake coupled with fraud or inequitable conduct. 22 CS 230.
"Sworn to" implies subscriber has declared on oath the truth of statement to which his name is subscribed. Certificate
which merely recites claimant "acknowledges" execution of lien is insufficient. 23 CS 298. Cited. 33 CS 552, 553. Cited.
42 CS 460, 464, 471, 472.
Trivial work after substantial completion will not extend time for filing. 2 Conn. Cir. Ct. 365. If, at time of abandonment
of construction contract by contractor, no money is due contractor from owner, contractor is not entitled to mechanic's
lien and subcontractor is likewise not entitled to a lien unless he can show both a timely filing of a certificate of lien by
him and that there was an unlawful prepayment by owner to contractor. 2 Conn. Cir. Ct. 622. That lien was invalid is no
defense to action by lienor against escrow agent for breach of his agreement to hold release of said lien in escrow until
thousand dollars was delivered to lienor. Validity of lien is irrelevant since action is against escrow agent and not obligee.
5 Conn. Cir. Ct. 95. Cited. Id., 349.
Subdiv. (1):
Subpara. (C): Must include written oath. 210 C. 511−513. Cited. Id., 511, 517. Cited. 219 C. 810, 817. Subpara. (A)
cited. 235 C. 595, 665.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) No subcontractor, without a written contract complying with the provisions of
this section, and no person who furnishes material or renders services by virtue of a
contract with the original contractor or with any subcontractor, may be required to obtain
an agreement with, or the consent of, the owner of the land, as provided in section 49-
33, to enable him to claim a lien under this section.
(1949 Rev., S. 7219; P.A. 74-310, S. 3; P.A. 75-418, S. 2, 10; P.A. 79-602, S. 88; P.A. 81-8, S. 7, 9; P.A. 85-501, S.
9; P.A. 86-12, S. 3; P.A. 91-350, S. 3; P.A. 00-99, S. 100, 154.)
History: P.A. 74-310 applied provisions to development of lot, site development and subdivision of land; P.A. 75-418
required that notice be served on each owner where previously notice served to one owner was considered as notice to all;
P.A. 79-602 divided section into Subsecs. and rephrased provisions; P.A. 81-8 amended Subsec. (a) to provide for service
of process "by registered or certified mail" to nonresident owners and by publication if such copy is returned unclaimed;
P.A. 85-501 inserted provisions concerning notice to the original contractor; P.A. 86-12 increased notice period from sixty
to ninety days; P.A. 91-350 specified that notice may be served by a "sheriff or other proper officer"; P.A. 00-99 replaced
references to sheriff with state marshal in Subsec. (a), effective December 1, 2000.
Certain facts held not to amount to written assent of owner. 24 C. 320. Contractor gets no lien on land whose title never
vested in his employer through latter's failure to complete his purchase contract. 43 C. 143. Mistake in firm name of lienors
in body of lien, the signature being correct, does not invalidate lien. 46 C. 386. Lien not invalidated by erroneously including
too much land, a release of the excess of land, not sealed, witnessed or acknowledged, being recorded. Id. Action for
damages maintainable by subcontractor against owner for preventing him by false representations from filing his lien
within time limited. 53 C. 561. Certain circumstances constituting party a subcontractor. 55 C. 261. The statute providing
that notice of intent must be given within sixty days from the commencement of furnishing makes the time begin with the
beginning of a running account. 56 C. 323. Lienor is estopped by the date of taking effect, as given in his lien, from proving
that it took effect earlier, so as to obtain preference over a mortgage recorded before the date in the lien. 71 C. 95. Right
of one to whom subcontractor sublet part of work. 76 C. 107. "Original contractor"; 80 C. 392; receiver of contractor is;
90 C. 17; also one who sells land under contract including erection of house on it; 104 C. 657; one who takes possession
of land under agreement to build house is not. 74 C. 113. Assent to contract of subcontractor requires what. 71 C. 95. Mere
knowledge by landowner that materials are being furnished not enough; 66 C. 47; nor is oral or informal notice. 84 C. 487.
Notice may be given before work completed; return need not be alleged in foreclosure. 73 C. 519. Purpose and effect of
statutes giving lien to subcontractor. 81 C. 506; 82 C. 248. Rights of subcontractors where receiver of original contractor
continues contract. 90 C. 17. Pleadings and issues where subcontractor forecloses and owner sets up defect in performance.
95 C. 339. Subcontractor has no right of lien unless original contractor had. 96 C. 225. Rights of subcontractors considered
in detail. 108 C. 234 ff. Cited. 109 C. 265. Purpose of notice by subcontractor to inform owner so that payment to contractor
may be withheld. 116 C. 276. See note to Sec. 49-34 re 118 C. 615. Because copies not "attested," liens invalid. 115 C.
494. Omission of word "attested" in endorsement not fatal; nor was endorsement of "a true and attested original." 131 C.
646. Indifferent person is an impartial, unbiased one. An employee of subcontractor claiming a lien does not qualify. 141
C. 193. Notice of intent to claim a lien is concerned with the protection of the owner of the property who might not otherwise
know what subcontractors the principal contractor had employed. 147 C. 351. Not necessary to file notice of intent to claim
a lien prior to filing for record a certificate of lien under section 49-34. Id. Cited. 161 C. 242. Cited. 168 C. 371, 375. Cited.
169 C. 76, 77. Cited. 172 C. 1, 4. Cited. 177 C. 295−300, 303. Cited. 180 C. 501, 508. Cited. 181 C. 592, 594−596. Cited.
185 C. 549, 550, 555. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. Id., 583−
586, 588, 597.
Cited. 27 CA 199, 201. Cited. 37 CA 547, 550.
Nature of "consent" discussed. 13 CS 196. Cited. 23 CS 380. Cited. 33 CS 552, 553.
Cited. 2 Conn. Cir. Ct. 622.
Subsec. (a):
Notice sent under Sec. 49-34 was sufficient to satisfy requirements of this statute. Both notice requirements may be
satisfied by one document. 185 C. 549, 552, 553, 555, 556. Cited. 196 C. 233, 238.
(Return to TOC) (Return to Chapters) (Return to Titles)
The undersigned represents:
1. That .... is the owner of the real estate described in Schedule A attached hereto.
2. That the names and addresses of all other owners of record of such real estate
are as follows:
3. That on or about ...., (date) ...., (name of lienor) of .... (address of lienor) placed
a mechanic's lien on such real estate and gave notice thereof.
4. That there is not probable cause to sustain the validity of such lien (or: That such
lien is excessive).
5. That the applicant seeks an order for discharge (or reduction) of such lien.
By ....
His Attorney
Dated at .... this .... day of .... 20...
By authority of the state of Connecticut, you are hereby commanded to serve a true
and attested copy of the above application and order upon ...., of .... by leaving the same
in his hands or at his usual place of abode (or such other notice as ordered by the court)
on or before ....
Hereof fail not but due service and return make.
Dated at .... this .... day of .... 20...
Commissioner of the Superior Court
(2) The clerk shall deliver to the applicant's attorney the original of the documents
for service. Service having been made, the original documents shall be returned to the
court with the endorsement by the officer of his doings.
(c) If an action for foreclosure of the lien is pending before any court, any party to
that action may at any time prior to trial, unless an application under subsection (a) of
this section has previously been ruled upon, move that the lien be discharged or reduced.
(d) No more than one application under subsection (a) hereof or motion under subsection (c) hereof shall be ruled upon with respect to any single mechanic's lien, except
that the foregoing shall not preclude an application or motion by a person not given
notice of the prior application or not a party to the action at the time the prior motion
was ruled upon.
(P.A. 75-418, S. 4, 10; P.A. 76-290, S. 3, 6; 76-436, S. 658, 681; P.A. 79-602, S. 89; P.A. 82-472, S. 132, 183; P.A.
00-99, S. 101, 154.)
History: P.A. 76-290 made minor change in wording of Subsec. (b)(1); P.A. 76-436 deleted reference to applications
to court of common pleas in Subsec. (a), effective July 1, 1978; P.A. 79-602 substituted "the" or "that" for "such" where
appearing; P.A. 82-472 deleted obsolete reference in Subsec. (a) to court for the "county"; P.A. 00-99 replaced reference
to sheriff and deputy sheriff with state marshal in Subsec. (b), effective December 1, 2000 (Revisor's note: The references
in Subsec. (b) of this section to the date "19.." were changed editorially by the Revisors to "20.." to reflect the new
millennium).
Cited. 177 C. 295, 301, 303; 180 C. 501, 508; 181 C. 592, 593. Cited. 183 C. 108, 110, 113. Challenge by general
contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583, 584, 586. Cited. 209 C. 185, 187. Cited.
210 C. 511, 512. Cited. 217 C. 361, 362. Cited. 235 C. 595, 670.
Cited. 27 CA 199, 201.
Cited. 33 CS 552, 553.
Subsec. (a):
Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583, 589. Cited. 188
C. 253, 254. Cited. 235 C. 595, 668, 669.
Cited. 6 CA 180, 182. Cited. 10 CA 45, 47, 49.
Subsec. (b):
Cited. 209 C. 185, 186, 188, 190.
Subsec. (c):
Cited. 235 C. 595, 669.
Cited. 42 CS 460−463.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Upon consideration of the facts before it, the court or judge may: (1) Deny the
application or motion if probable cause to sustain the validity of the lien is established;
or (2) order the lien discharged if (A) probable cause to sustain its validity is not established, or (B) by clear and convincing evidence its invalidity is established; or (3) reduce
the amount of the lien if the amount is found to be excessive by clear and convincing
evidence; or (4) order the lien discharged or reduce the amount of the lien conditioned
upon the posting of a bond, with surety, in a sum deemed sufficient by the judge to
indemnify the lienor for any damage which may occur by the discharge or the reduction
of amount.
(P.A. 75-418, S. 5, 10; P.A. 76-290, S. 4, 6; P.A. 79-602, S. 90.)
History: P.A. 76-290 added Subdiv. (4) in Subsec. (b) authorizing court to discharge or reduce lien upon posting of
bond with surety sufficient to indemnify lien or for damage which may occur; P.A. 79-602 rephrased provisions to replace
"such" where appearing.
Cited. 180 C. 501, 508. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185
C. 583, 584, 586. Cited. 209 C. 185, 187. Cited. 224 C. 29, 38. Cited. 235 C. 595, 668.
Cited. 9 CA 682, 686. Cited. 27 CA 199, 201. Cited. 41 CA 737, 742.
Cited. 33 CS 552, 553.
Subsec. (a):
Cited. 188 C. 253, 255.
Cited. 5 CA 106, 111. Cited. 6 CA 180, 182. Cited. 15 CA 633, 636.
Subsec. (b):
Cited. 188 C. 253, 255. Cited. 235 C. 595, 670.
Cited. 6 CA 443, 445.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) No appeal may be taken from the order except within seven days thereof. The
effect of the order shall be automatically stayed for the seven-day period. If an appeal
is taken within the seven-day period, the party taking the appeal may, within that period,
file an application with the clerk of the court in which the order was issued, requesting
a stay of the effect of the order pending the appeal, which application shall set forth the
reasons for the request. A copy of the application shall be sent to each other party by
the applicant. Upon the filing of the application, the effect of the order shall be further
stayed until a decision is rendered thereon. A hearing on the application shall be held
promptly. The order shall be stayed if the party taking the appeal posts a bond, as provided in subsection (c) of this section.
(c) Upon the hearing on the application, the court shall: (1) Upon motion of the
party taking the appeal, set a bond with surety for the stay of the order as provided in
subsection (b) of this section, in an amount which the court deems sufficient to indemnify
the adverse party for any damages which may result from the stay. If the party taking
the appeal gives that bond the order shall be stayed; or (2) grant the stay; or (3) deny
the stay; or (4) condition the granting of the stay upon the giving of such a bond.
(d) Any order of discharge or reduction or any order of any such stay shall take
effect upon recording of a certified copy thereof in the office of the town clerk in which
such lien was originally recorded. The clerk of the court in which any such order is
issued shall not deliver any certified copies thereof until the time for taking an appeal
has elapsed or, if an appeal is taken and an application for a stay of the order is filed,
until such time as a decision granting or denying the stay has been rendered.
(P.A. 75-418, S. 6, 10; P.A. 76-290, S. 5, 6; P.A. 79-602, S. 91.)
History: P.A. 76-290 specified in Subsec. (b) that order is stayed when party taking appeal posts bond and rephrased
Subsec. (c); P.A. 79-602 rephrased provisions but made no substantive changes.
Cited. 180 C. 501, 508. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185
C. 583, 584, 586. Cited. 235 C. 595, 667, 668.
Cited. 6 CA 443, 445. Cited. 22 CA 73, 76. Cited. 27 CA 199, 201. Cited. 41 CA 737−739.
Cited. 33 CS 552, 553.
Subsec. (a):
Cited. 235 C. 595, 668.
Cited. 6 CA 180, 181. Cited. Id., 443, 445. Cited. 10 CA 45, 48. Cited. 41 CA 737, 740, 742.
Subsec. (b):
This statute does not affect the continuing jurisdiction conferred on superior court by Sec. 52-212. 188 C. 253, 256,
258. Seven-day time limit in this section is inapplicable under present circumstances; judgment of appellate court reversed
and case remanded to appellate court for further proceedings. 235 C. 595, 666−668, 670.
Cited. 41 CA 737, 738, 740, 742, 743.
Subsec. (c):
Cited. 41 CA 737, 740, 742.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any person who would have been entitled under the terms of sections 49-33,
49-34, 49-35 and 49-38, to claim a mechanic's lien between April 22, 1975, and June
25, 1975, inclusive, but had not done so, may file a certificate of such lien and serve a
true and attested copy thereof as required by section 49-34 and, if applicable, serve the
notice required by section 49-35, within the time provided by section 49-34, or within
ninety days of June 25, 1975, whichever period is longer. For purposes of determining
when such person's mechanic's lien took effect, such person shall be deemed to have
commenced the rendering of services or the furnishing of materials as of June 25, 1975,
but for purposes of determining the amount of such lien such person shall be deemed
to have commenced the rendering of services or the furnishing of materials as of the
actual date of such commencement.
(c) Any person who between April 22, 1975 and June 25, 1975, inclusive, placed
a mechanic's lien upon any real estate pursuant to sections 49-33, 49-34 and 49-38,
which was not released or discharged on June 25, 1975, may file a new certificate of
such lien and serve a true and attested copy thereof pursuant to the provisions of section
49-34, and, if applicable, may serve the notice required by section 49-35, within ninety
days of June 25, 1975. For purposes of determining when such person's mechanic's
lien took effect, such person shall be deemed to have commenced the rendering of
services or the furnishing of materials as of June 25, 1975, but for purposes of determining the amount of such lien such person shall be deemed to have commenced the rendering of services or the furnishing of materials as of the actual date of such commencement.
(P.A. 75-418, S. 7, 10.)
Cited. 180 C. 501, 508; id., 545, 548, 550. Challenge by general contractor to constitutionality of mechanic's lien
statutes discussed. 185 C. 583, 584, 586.
Cited. 27 CA 199, 201.
Cited. 33 CS 552, 553.
Subsec. (a):
Cited. 176 C. 409, 414.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) When there are several claimants and the amount of their united claims exceeds
that price, the claimants, other than the original contractor, shall be first paid in full, if
the amount of that price is sufficient for that purpose; but, if not, it shall be apportioned
among the claimants having the liens, other than the original contractor, in proportion
to the amount of the debts due them respectively; and the court having jurisdiction
thereof, on application of any person interested, may direct the manner in which the
claims shall be paid.
(c) In determining the amount to which any lien or liens may attach upon any land
or building, or lot or plot of land, the owner of the land or building or lot or plot of land
shall be allowed whatever payments he has made, in good faith, to the original contractor
or contractors, before receiving notice of the lien or liens. No payments made in advance
of the time stipulated in the original contract may be considered as made in good faith,
unless notice of intention to make the payment has been given in writing to each person
known to have furnished materials or rendered services at least five days before the
payment is made.
(1949 Rev., S. 7220; P.A. 74-310, S. 4; P.A. 79-602, S. 92.)
History: P.A. 74-310 applied provisions with respect to lots, plots of land and development of such land; P.A. 79-602
divided section into Subsecs., substituted "may" for "shall" and "the", etc. for "such" and made other slight changes in
wording.
The owner is to be allowed for bona fide payments to original contractor before notice, though made in advance. 27
C. 578. Owner cannot waive defect in notice of intent so as to make lien valid as against others claiming liens. 42 C. 541.
Owner not allowed for payments made after notice to him by subcontractor, although he had, before such notice, verbally
guaranteed contractor's debts, in performance of which guaranty he made such payments. 43 C. 14. Payment of subcontractor by contractor will not defeat lien of one to whom former has sublet part of work. 76 C. 107. Effect of alteration in
original contract; of payment made before notice of lien; of payment made in advance of time agreed on. 74 C. 493; 81 C.
502; 89 C. 254; 131 C. 643. Limitation of amount of liens generally. 73 C. 519. Effect of abandonment of work by contractor.
Id., 452; 82 C. 244; 87 C. 686; 89 C. 254. Subcontractor has no greater rights than his principal. 81 C. 632; 82 C. 244; 96
C. 225. Effect of direct payments by mortgagee holding advance payment mortgage to contractor, at request of mortgagor.
82 C. 244. What constitutes knowledge in provision for advance payments. 89 C. 262. Effect of contract providing for
payments as work progresses under which weekly payments are made and contract price is fully paid. 84 C. 487. What
constitutes "notice" of subcontractor's lien. Id.; 91 C. 712. Right of subcontractors where one gives notice, owner thereafter
makes payments on contract, and then others give notice. 92 C. 482. Duty of owner as to withholding payments after
receiving notice. Id., 485. No priority between subcontractors under same original contractor. 99 C. 343; 108 C. 243. Cited.
109 C. 364; id., 554; 113 C. 10; 115 C. 199. Finding of fraud between owner and principal contractor. 111 C. 132. Priority
of materialmen over contractor not removed by assumption by owner to pay them. 116 C. 277. In action to foreclose lien
of subcontractor, original contractor a necessary party. 118 C. 614. Payments made in advance of the time when they are
due under the contract and without notice to the lienor are ineffective as to him in reducing the amount due on the contract.
143 C. 146. Cited. 147 C. 351. Cited. 168 C. 371, 375. Cited. 169 C. 76, 77. Cited. 180 C. 501, 508. Cited. 181 C. 592,
596, 605. Cited. 182 C. 568, 571, 572, 576, 577. Challenge by general contractor to constitutionality of mechanic's lien
statutes discussed. 185 C. 583, 584, 586, 595.
Cited. 27 CA 199, 201.
Cited. 15 CS 360; 23 CS 380.
Cited. 2 Conn. Cir. Ct. 620. Only payments made to original contractor in good faith before notice of subcontractor's
lien are allowed owner. 6 Conn. Cir. Ct. 512.
Subsec. (b):
Cited. 27 CA 199, 201, 207, 208. Cited. 39 CA 122, 126.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Whenever a bond has been substituted for any lien pursuant to this section:
(1) The principal or surety on the bond, if no action to recover on the bond is then
pending before any court, may make application, together with a proposed order and
summons, to the superior court for the judicial district in which the action may be
brought, or to any judge of the court, that a hearing be held to determine whether the
lien for which the bond was substituted should be declared invalid or reduced in amount.
The court or judge shall thereupon order reasonable notice of the application to be given
to the obligee on the bond and, if the application is not made by all principals or sureties
on the bond, shall order reasonable notice of the application to be given to all other such
principals and sureties, and shall set a date for the hearing to be held thereon. If the
obligee or any principal or surety entitled to notice is not a resident of this state, the
notice shall be given by personal service, registered or certified mail, publication or
such other method as the court or judge shall direct. At least four days notice shall be
given to the obligee, principal and surety entitled to notice prior to the date of the hearing.
(2) The application, order and summons shall be substantially in the form established by subsection (b) of section 49-35a, adapted accordingly. The provisions of subdivisions (1) and (2) of subsection (b) of section 49-35a, shall apply.
(3) If an action on the bond is pending before any court, any party to that action may
at any time prior to trial, unless an application under subdivision (1) of this subsection has
previously been ruled upon, move that the lien for which the bond was substituted be
declared invalid or reduced in amount.
(4) No more than one application or motion under subdivision (1) or (3) of this
subsection may be ruled upon with respect to any single mechanic's lien, except that
the foregoing does not preclude an application or motion by a person not given notice
of the prior application or not a party to the action at the time the prior motion was ruled
upon. Nothing in this subdivision shall be construed as permitting a surety on a bond
to bring an application for discharge or reduction, if the validity of the lien has previously
been ruled upon pursuant to section 49-35a.
(5) Upon the hearing held on the application or motion set forth in this subsection,
the obligee on the bond shall first be required to establish that there is probable cause
to sustain the validity of the lien. Any person entitled to notice under subdivision (1) of
this section may appear, be heard and prove by clear and convincing evidence that the
validity of the lien should not be sustained or that the amount of the lien claimed is
excessive and should be reduced. Upon consideration of the facts before it, the court or
judge may: (A) Deny the application or motion if probable cause to sustain the validity
of the lien is established; or (B) order that the bond is void if (i) probable cause to sustain
the validity of the lien is not established, or (ii) by clear and convincing evidence, the
invalidity of the lien is established; or (C) order the amount of the bond reduced if the
amount of the lien is found to be excessive by clear and convincing evidence.
(6) Any order entered upon an application set forth in subdivision (1) of this subsection shall be deemed a final judgment for the purpose of appeal.
(1949 Rev., S. 7221; 1955, S. 2975d; P.A. 75-418, S. 8, 10; P.A. 76-436, S. 649, 681; P.A. 78-280, S. 1, 127; P.A. 79-
602, S. 93; 79-631, S. 36, 111.)
History: P.A. 75-418 required that action be brought to recover upon bond within one year from date of recording
certificate of lien, rather than within two years, and added Subsec. (b); P.A. 76-436 added reference to judicial districts in
Subsec. (a) and deleted reference to applications made to court of common pleas in Subsec. (b), effective July 1, 1978;
P.A. 78-280 deleted reference to counties in Subsec. (a); P.A. 79-602 made minor changes in wording but made no
substantive changes; P.A. 79-631 made technical correction in Subsec. (b)(5).
See Sec. 52-192 re precedence in order of trial of cases where bond is substituted for mechanic's lien.
In action on bond, no recovery can be had for loss due to being prevented from completing contract. 89 C. 107. Amending
complaint to show substitution of bond for lien. 96 C. 401. Cited. 144 C. 499. In an action to recover upon a bond, defense
that lien was invalid as a blanket lien must be specially pleaded. 147 C. 351. Cited. 168 C. 371. Cited. 169 C. 76, 77.
Principal or surety on bond which has been substituted for mechanic's lien by private agreement of parties may apply for
discharge or reduction of bond. 172 C. 1, 6. Cited. Id., 1, 2−4. Cited. Id., 1, 3−6. Cited. 180 C. 501, 508. Plaintiff's rights
on the bond can rise no higher than those acquired under the underlying mechanic's lien. Id., 545, 549. Cited. 183 C. 85,
90; Id., 108, 109. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583,
584, 586.
Cited. 33 CA 563, 565.
Cited. 15 CS 361; 23 CS 380. Cited. 31 CS 209. Cited. 33 CS 552, 553. Cited. 42 CS 460, 461, 463−465, 469−473.
Cited. 2 Conn. Cir. Ct. 622. 6 Conn. Cir. Ct. 456.
Subsec. (a):
Cited. 172 C. 1, 5, 6. Cited. 176 C. 409, 414. Meaning of "person interested" discussed. 183 C. 108, 111, 113, 115−
117. Cited. 185 C. 583, 590, 597. Cited. 224 C. 563, 567.
Cited. 6 CA 443, 444.
Subsec. (b):
Cited. 172 C. 1, 5, 6, 8. Subdiv. (1) cited. 185 C. 583, 591.
Subdiv. (1) cited. 6 CA 443, 446, 447. Subdiv. (3) cited. Id., 443, 445−447. Subdiv. (6) cited. Id., 443, 446.
Subdiv. (1) cited. 42 CS 460, 464.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 75-418, S. 9, 10.)
Cited. 176 C. 409, 411, 412, 414. Cited. 180 C. 501, 508. Challenge by general contractor to constitutionality of
mechanic's lien statutes discussed. 185 C. 583, 584, 586.
Cited. 33 CS 552, 553.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7222; P.A. 79-602, S. 94.)
History: P.A. 79-602 substituted "the" or "that" for "such" where appearing.
Statute includes street railways. 78 C. 292. General discussion. 83 C. 82. Cited. 169 C. 76, 77. Cited. 180 C. 501, 508.
Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583, 584, 586.
Cited. 23 CS 380.
Cited. 2 Conn. Cir. Ct. 622.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7223; February, 1965, P.A. 193; 1969, P.A. 732; P.A. 73-506; P.A. 74-128; P.A. 75-418, S. 3, 10; P.A.
76-290, S. 2, 6; P.A. 78-112; P.A. 79-602, S. 95.)
History: 1965 act limited mechanic's lien to four rather than two years, allowing two years for commencement of action
and two years for final judgment where previously single two-year period encompassed both and added provision granting
actions to foreclose mechanic's lien privileged status in assignment for trial; 1969 act required filing of lis pendens in
evidence of commencement of action and allowed discharge of lien on request of property owner's attorney; P.A. 73-506
deleted provisions re two-year period for obtaining final judgment; P.A. 74-128 specified that lien is invalid and discharged
as matter of law if two years elapses without commencement of action where previously lien was discharged by claimant
upon request of property owner or his attorney; P.A. 75-418 reduced limit on lien from four years to one year, similarly
requiring commencement of action within one year rather than two, and specified commencement of action by complaint,
cross-complaint or counterclaim; P.A. 76-290 added provision re sixty-day period for commencement of action after
disposition of appeals and specified that one-year or sixty-day period tolls from date lien was validated; P.A. 78-112
required that notice of lis pendens be recorded on land records of town where lien recorded rather than filed with town
clerk; P.A. 79-602 made minor changes in wording but made no substantive changes.
See Sec. 52-192 re precedence in order of trial.
Necessity of serving cross complaint on all parties. 101 C. 664. Action must be commenced within two year limit;
reaching this point by demurrer. Id., 665. Does not apply retroactively as amended 1965. 161 C. 191. Cited. 164 C. 546.
The time provisions of this section are limitations on the right to enforce a lien and are not a statute of limitations which
must be pleaded by the defendant. 166 C. 255. Cited. 169 C. 76, 77. Cited. 176 C. 409, 411−414. Cited. 180 C. 501, 508;
181 C. 592, 600. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583,
584, 586, 592. Cited. 210 C. 175, 181. Cited. 224 C. 563, 564, 566, 568, 574−576.
Cited. 10 CA 45, 48. Cited. 26 CA 426−430, 432. Cited. 31 CA 15, 16; judgment reversed, see 230 C. 807 et seq.
Under statute prior to 1965 amendment: Mechanic's lienor made a party defendant in action to foreclose a mortgage
on liened property within two years of perfecting lien, held lienor need not institute his own action to foreclose but his
claim was transferred to proceeds of first judicial sale. 20 CS 460. History discussed. Action on lien must be commenced
within two years, but reduction to final judgment is not limited to that period. 23 CS 329. Cited. 23 CS 380. Cited. 33 CS
552, 553. Filing of lis pendens notice within one year is not condition precedent to right of foreclosure and does not go to
jurisdiction of court; actual notice to defendant satisfies requirement; purpose is to avoid harshness of common law rule
that every man deemed attentive to pending litigation. 34 CS 84. Cited. 42 CS 460−463, 470.
Cited. 2 Conn. Cir. Ct. 622.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7224; 1949, 1953, S. 2976d; 1969, P.A. 653; 1971, P.A. 181, S. 2.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1971, P.A. 181, S. 1; P.A. 79-602, S. 97.)
History: P.A. 79-602 removed provision re automatic extinguishment of judgment lien which expires for failure to
comply with time limits in Sec. 49-46 and made minor changes in wording in remaining provision.
Cited. 169 C. 76, 77. Cited. 180 C. 501, 508. Challenge by general contractor to constitutionality of mechanic's lien
statutes discussed. 185 C. 583, 584, 586.
(Return to TOC) (Return to Chapters) (Return to Titles)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Nothing in this section or sections 49-41a to 49-43, inclusive, shall be construed
to limit the authority of any contracting officer to require a performance bond or other
security in addition to the bond herein referred to, except that no such officer shall
require a performance bond in relation to any general bid in which the total estimated
cost of labor and materials under the contract with respect to which such general bid is
submitted is less than twenty-five thousand dollars or in relation to any sub-bid in which
the total estimated cost of labor and materials under the contract with respect to which
such sub-bid is submitted is less than fifty thousand dollars.
(1949 Rev., S. 7214; P.A. 79-602, S. 98; P.A. 82-358, S. 9, 10; P.A. 87-345, S. 1; P.A. 89-27, S. 1, 2; P.A. 91-23; P.A.
93-104; P.A. 96-235, S. 13, 19; June 18 Sp. Sess. P.A. 97-11, S. 33, 65.)
History: P.A. 79-602 substituted "that" or "the" for "such" where appearing; P.A. 82-358 specified when bonds shall
not be required in Subsecs. (a) and (b); P.A. 87-345 amended Subsec. (a) to make contracts in excess of twenty-five
thousand dollars, instead of one thousand dollars, subject to bond requirement, to exempt general bids in which the cost
is less than twenty-five thousand dollars, instead of ten thousand dollars, and to exempt sub-bids in which the cost is less
than fifty thousand dollars, instead of twenty thousand dollars, and amended Subsec. (b) to provide that performance bonds
shall not be required in relation to general bids in which cost is less than twenty-five thousand dollars, instead of ten
thousand dollars, and in relation to sub-bids in which cost is less than fifty thousand dollars, instead of twenty thousand
dollars; P.A. 89-27 exempted design professionals from Subsec. (a); P.A. 91-23 amended Subsec. (a) to require that any
bond furnished shall have as principal the name of the person awarded the contract; P.A. 93-104 amended Subsec. (a) to
rephrase provision requiring person performing the contract to provide the state with a surety bond before the award date;
P.A. 96-235 amended Subsec. (a) by substituting "consultant" for "design professional", effective June 6, 1996; June 18
Sp. Sess. P.A. 97-11 amended Subsec. (a) by increasing contract threshold for including bond provision, from twenty-five
thousand dollars to fifty thousand dollars, and making corresponding change in Subdiv. (1), effective July 1, 1997.
See chapter 60, part II (Sec. 4b-91 et seq.) re public building contracts.
Primary purpose of former statute to protect those who furnish labor and materials. 109 C. 556. Rights of persons
furnishing labor and materials under former statute. Id., 547. Also, former statute did not give materialman greater right
against surety than against municipality. 113 C. 2. Filing claim within sixty days condition precedent. Id. Cited. 118 C.
326. Acceptance of highway by state not a bar to recovery by its insurer against contractor's surety. 126 C. 349. Subdivision
of state includes city, borough or town. Furnishing of bond is a condition precedent to execution of contract. 143 C. 85.
History; purpose of statute. 151 C. 332, 333. Cited. 159 C. 564. Cited. 163 C. 331. Cited. 174 C. 219, 220. Cited. 207 C.
468, 470, 475, 476, 480. Cited. 225 C. 367, 369. Cited. Id., 905. Cited. 229 C. 303−312. Cited. 236 C. 750, 751, 753, 755−
759. Sec. 49-41 et seq. cited. 239 C. 708. Cited. 240 C. 10.
Cited. 25 CA 751, 753. Cited. 28 CA 622, 624, 628−632. Cited. 29 CA 783−790. Cited. 32 CA 718, 720. Cited. 40 CA
777, 778, 780, 781, 783. Cited. 49 CA 522.
Cited. 3 CS 15; 5 CS 114; 18 CS 43. History reviewed. Dam and appurtenant structures are not public building. 10 CS
38. Suppliers of materials, labor and equipment to subcontractor who failed to give notice to contractor may not recover
under contractor's bond. 18 CS 305. Cited. 21 CS 16. When a surety makes a payment under the bond to a supplier of
labor or material, the surety becomes subrogated to the rights and preferences of such supplier as to sums due or to become
due under the contract, and such subrogation relates back to the date of the bond. 22 CS 404. Cited. 23 CS 380. Contractual
provision not incorporating statutory intent void. 29 CS 457. Cited. 32 CS 64. This section precludes a cause of action
based on quantum meruit by subcontractors and materialmen against the governmental body awarding the contract. 32
CS 168.
Cited. 2 Conn. Cir. Ct. 622; 6 Conn. Cir. Ct. 206, 207.
Subsec. (a):
Cited. 236 C. 750, 758.
Cited. 29 CA 783, 784. Cited. 40 CA 89, 105.
Subsec. (b):
Cited. 236 C. 750, 756.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) If payment is not made by the general contractor or any of its subcontractors in
accordance with such requirements, the subcontractor shall set forth his claim against
the general contractor and the subcontractor of a subcontractor shall set forth its claim
against the subcontractor through notice by registered or certified mail. Ten days after
the receipt of that notice, the general contractor shall be liable to its subcontractor, and
the subcontractor shall be liable to its subcontractor, for interest on the amount due and
owing at the rate of one per cent per month. In addition, the general contractor, upon
written demand of its subcontractor, or the subcontractor, upon written demand of its
subcontractor, shall be required to place funds in the amount of the claim, plus interest
of one per cent, in an interest-bearing escrow account in a bank in this state, provided
the general contractor or subcontractor may refuse to place the funds in escrow on the
grounds that the subcontractor has not substantially performed the work according to the
terms of his or its employment. In the event that such general contractor or subcontractor
refuses to place such funds in escrow, and the party making a claim against it under this
section is found to have substantially performed its work in accordance with the terms
of its employment in any arbitration or litigation to determine the validity of such claim,
then such general contractor or subcontractor shall pay the attorney's fees of such party.
(c) No payment may be withheld from a subcontractor for work performed because
of a dispute between the general contractor and another contractor or subcontractor.
(d) This section shall not be construed to prohibit progress payments prior to final
payment of the contract and is applicable to all subcontractors for material or labor
whether they have contracted directly with the general contractor or with some other
subcontractor on the work.
(1969, P.A. 427, S. 1, 2; P.A. 75-626; P.A. 76-164; P.A. 79-602, S. 99; P.A. 80-115; P.A. 86-12, S. 1.)
History: P.A. 75-626 added provisions re deposit of claim amount in escrow account and prohibiting withholding of
payment from subcontractor for work performed because of dispute between general or prime contractor and another
contractor or subcontractor; P.A. 76-164 substituted reference to requirements included in contract for reference to requirements issued by public works commissioner and added references to payments by municipalities; P.A. 79-602 divided
section into Subsecs. and made minor changes in wording, substituting "the" or "that" for "such", etc.; P.A. 80-115
restated provisions, eliminating references to "prime" contractors and added Subdiv. (2) in Subsec. (a) re requirements of
subcontracts; P.A. 86-12 changed time limits for payment by general contractor to subcontractor and subcontractor to
subcontractor from forty-five and twenty days respectively, to thirty days in each case.
See chapter 60, part II (Sec. 4b-91 et seq.) re public building contracts.
Cited. 238 C. 293. Sec. 49-41a et seq. "prompt payment act" cited. Id. Sec. 49-41 et seq. cited. 239 C. 708.
Cited. 13 CA 253, 254, 256−259, 261, 262. Cited. 15 CA 504, 505, 511, 513. Cited. 32 CA 118, 128. Cited. 40 CA 89,
91, 92, 95.
Subsec. (a):
Cited. 207 C. 468, 473, 475.
Subsec. (b):
Remedies afforded by this section and Sec. 49-42 are independent of each other. 207 C. 468, 472−477, 480−483. Cited.
238 C. 293.
Cited. 5 CA 61−63, 65, 66. Cited. 13 CA 253, 256. Cited. 15 CA 504, 506, 508, 511. Cited. 32 CA 133, 139.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) In the case of a contract advertised by the state Department of Public Works or
any other state agency, except as specified in subdivision (2) of this section, (A) the
awarding authority shall not withhold more than ten per cent from any periodic or final
payment which is otherwise properly due to the general or prime contractor under the
terms of such contract and (B) any such general or prime contractor shall not withhold
from any subcontractor more than (i) ten per cent from any periodic or final payment
which is otherwise due to the subcontractor or (ii) the amount withheld by the awarding
authority from such general or prime contractor under subparagraph (A) of this subdivision, whichever is less. Notwithstanding the provisions of this subdivision (1), the
awarding authority shall establish an early release program with respect to periodic
payments by general or prime contractors to subcontractors.
(2) In the case of a contract advertised by the state Department of Transportation,
(A) the department shall not withhold more than two and one-half per cent from any
periodic or final payment which is otherwise properly due to the general or prime contractor under the terms of such contract, and (B) any such general or prime contractor
shall not withhold more than two and one-half per cent from any periodic or final payment which is otherwise due to any subcontractor.
(3) If the awarding authority is a municipality, (A) it shall not withhold more than
five per cent from any periodic or final payment which is otherwise properly due to the
general or prime contractor under the terms of such contract, and (B) any such general
or prime contractor shall not withhold more than five per cent from any periodic or final
payment which is otherwise due to any subcontractor.
(P.A. 77-306; P.A. 87-575, S. 2; P.A. 96-235, S. 4, 19; P.A. 98-222, S. 8.)
History: P.A. 87-575 reduced, from five per cent to two and one half per cent, the maximum amount of any payment
which the state may withhold under this section; P.A. 96-235 renumbered and relettered provisions of section, added new
Subdiv. (1) re withholding of payments under contracts advertised by state Department of Public Works between July 1,
1996, and June 30, 1999, and applied provisions of Subdiv. (2) to contracts advertised by said department on or after July
1, 1999, or any case in which awarding authority is any other state agency, effective June 6, 1996; P.A. 98-222 amended
Subdiv. (1) by deleting time period, adding provisions re "other state agency" and replacing "department" and "Commissioner of Public Works" with "awarding authority", and amended Subdiv. (2) by replacing "Department of Public Works"
with "Department of Transportation."
See chapter 60, part II (Sec. 4b-91 et seq.) re public building contracts.
Sec. 49-41a et seq., "prompt payment act" cited. 238 C. 293. Sec. 49-41 et seq. cited. 239 C. 708.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 83-552, S. 1; P.A. 86-12, S. 2.)
History: P.A. 86-12 made section applicable to payment for materials as well as labor.
See chapter 60, part II (Sec. 4b-91 et seq.) re public building contracts.
Sec. 49-41a et seq., "prompt payment act" cited. 238 C. 293. Sec. 49-41 et seq. cited. 239 C. 708.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Every suit instituted under this section shall be brought in the name of the person
suing, in the superior court for the judicial district where the contract was to be performed, irrespective of the amount in controversy in the suit, but no such suit may be
commenced after the expiration of one year after the applicable payment date provided
for in subsection (a) of section 49-41a, or, in the case of a person supplying materials
or performing subcontracting work not included on a requisition or estimate, no such
suit may be commenced after the expiration of one year after the date such materials
were supplied or such work was performed.
(c) The word "material" as used in sections 49-33 to 49-43, inclusive, shall include
construction equipment and machinery that is rented or leased for use (1) in the prosecution of work provided for in the contract within the meaning of sections 49-33 to 49-43,
inclusive, or (2) in the construction, raising, removal of any building or improvement
of any lot or in the site development or subdivision of any plot of land within the meaning
of sections 49-33 to 49-39, inclusive.
(1949 Rev., S. 7215; 1961, P.A. 228; 1969, P.A. 192, S. 1; P.A. 78-280, S. 2, 127; P.A. 79-602, S. 100; P.A. 87-345,
S. 2; P.A. 94-188, S. 16; P.A. 00-36.)
History: 1961 act required that payment be made within ninety days rather than sixty days in Subsec. (a); 1969 act
required that suit commence within one year after date on which last of the labor was performed or material was supplied
rather than within one year "after the date of final settlement of such contract" in Subsec. (b); P.A. 78-280 substituted
"judicial district" for "county" in Subsec. (b); P.A. 79-602 made minor changes in wording but made no substantive
changes; P.A. 87-345 substantially amended procedure set forth in Subsec. (a) for enforcement of right to payment under
bond; P.A. 94-188 amended procedure set forth in Subsec. (a) for enforcement of right to payment under bond and amended
Subsec. (b) by adding language concerning the applicable payment date provided for in Sec. 49-41a and the time within
which to commence suit for materials or work not included on a requisition or estimate; P.A. 00-36 redefined "material"
in Subsec. (c) to include construction equipment that is rented or leased for use in prosecution of work or in construction,
raising, removal of any building or improvement of lot or in site development or subdivision and to apply term to Secs.
49-33 to 49-43, inclusive.
Cited. 143 C. 85. History discussed. 151 C. 332, 333. Material actually forming part of work provided for in public
works contract, as well as labor performed at the site, is clearly within contemplated coverage of payment bond required
for protection of persons who have furnished "labor or material in the prosecution of the work." Id., 334. Test as to whether
labor and materials used in making repairs which are major items are covered by payment bond is whether item was
necessitated by rigors of job rather than prior condition of equipment and whether supplier and purchasing contractor
reasonably expected that item would be substantially consumed on the job. Id., 335, 336. Having found that no administrative
determination by public works commissioner of final settlement date had been made under section 49-43, court was justified
in concluding that no final settlement within meaning of this section could be said to have preceded actual payment and
exchange of releases, and that subject action commenced within three months of that date had been timely brought. 159
C. 563, 569. Cited. 174 C. 219−223, 226. Remedies afforded by this section and Sec. 49-41a(b) are independent and notice
requirements of later are not prerequisite to suit initiated under this section. 207 C. 468, 469, 471, 472, 474−483. Cited.
225 C. 367, 371−374, 378. Cited. 229 C. 303, 309. Cited. 238 C. 293. Sec. 49-41 et seq. cited. 239 C. 708. Cited. 240 C. 10.
Cited. 25 CA 751, 753, 757, 758. Cited. 29 CA 783, 790. Cited. 32 CA 118, 124, 127, 128, 130. Cited. Id., 133, 140.
Claims under this section are not preempted by ERISA. 40 CA 777, 779, 780, 783, 784.
Cited. 17 CS 297. Fact that written notice was given to the contractor in an action on bond must be recited in the
complaint or a copy annexed thereto. Failure to comply with this rule left the complaint deficient. 18 CS 43. Until the
subcontractor exercises his right of action granted by this section, there is no debt due from the contractor to the subcontractor
which can be garnished. 21 CS 16. Cited. 32 CS 168, 171.
Cited. 6 Conn. Cir. Ct. 204, 205.
Subsec. (a):
Cited. 207 C. 468, 476. Decision permits subcontractor to sue on surety bond despite failure to comply precisely with
notice requirements of section. 225 C. 367, 368, 370, 371, 376, 377. Cited. 238 C. 293. "Payment bond claim act" cited.
Id. Sec. 49-41 et seq. cited. 239 C. 708. Cited. 240 C. 10.
Cited. 32 CA 118−120, 132. Cited. 40 CA 777, 780. Because section requires only "substantial accuracy" re complaint,
plaintiff was not obligated to prove that company X was now known as company Y. 49 CA 522. Trial court erred in refusing
to admit evidence of notice of claim on the surety. Id.
Cited. 6 Conn. Cir. Ct. 204, 206, 207.
Subsec. (b):
Cited. 174 C. 219, 222, 224.
Cited. 25 CA 751, 752, 754, 755, 757−759. Cited. 236 C. 750, 766.
1969 amendment is not applicable to contract made prior to its passage as it would materially affect contract. 6 Conn.
Cir. Ct. 205, 206, 208, 209.
Subsec. (c):
Sec. 49-41 et seq. cited. 239 C. 708.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7216; 1959, P.A. 57; 1969, P.A. 192, S. 2; P.A. 79-602, S. 101.)
History: 1959 act transferred duties formerly held by attorney general under provisions of section to agencies of state
or its subdivisions and their administrative heads and required payment of fees as provided in Sec. 1-15 where previously
fees were fixed by attorney general; 1969 act deleted provision specifying that certified statements of date when final
settlement made is "conclusive as to such date" and subsequent reference to fee charged for such certified statements; P.A.
79-602 substituted "the" or "those" for "such" where appearing.
Duties of attorney general are purely ministerial in character. 143 C. 85. Purpose of statute discussed. 159 C. 563, 568.
Sec. 49-41 et seq. cited. 239 C. 708.
Cited. 6 Conn. Cir. Ct. 204, 206, 207.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7225−7227; P.A. 78-120; 78-280, S. 2, 127; P.A. 79-602, S. 102, 103; P.A. 83-581, S. 39, 40; P.A. 84-
546, S. 127, 173.)
See Sec. 52-380a re judgment liens on real property.
(Return to TOC) (Return to Chapters) (Return to Titles)
(Return to TOC) (Return to Chapters) (Return to Titles)
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 79-602, S. 96.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7230; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) When a lien on real property is adjudged invalid or is otherwise discharged by
the court, a certified copy of the judgment of invalidity or discharge recorded on the
land records of the town where the certificate of lien was filed fully discharges the lien.
If such a discharged or invalid lien is a lien filed on personal property pursuant to section
52-355a, a release of lien in the form prescribed by subsection (c) of section 52-380d,
certified to by a clerk of the Superior Court, with reference to and the date of the court
order of discharge or invalidity, fully discharges the lien on filing with the Secretary of
the State.
(1949 Rev., S. 7232; P.A. 79-602, S. 113; P.A. 82-270; P.A. 83-581, S. 18, 40.)
History: P.A. 79-602 rephrased provisions but made no substantive changes; P.A. 82-270 specified the manner in which
a lienor is to be given notice to discharge a lien, and authorized a court to award damages, and specified the amount of
such damages, if a certificate of lien was filed without just cause; P.A. 83-581 made section applicable to liens on "personal
property", required the lienor upon receipt of the notice to discharge the lien by sending a release by first class mail, inserted
Subsec. indicators and rephrased Subsec. (a) and provided that a copy of the discharge of a lien on real property recorded
on the land records fully discharges the lien and, that if a discharged or invalid lien is a lien on personal property, a release
of the lien in the form prescribed by Sec. 52-380d(c) certified by a court clerk and filed with the secretary of the state fully
discharges the lien.
Action to declare highway assessment invalid. 133 C. 1. Cited. 168 C. 371. Cited. 192 C. 10, 13, 14. Cited. 225 C. 102,
104. Cited. 228 C. 574−576, 578−581.
Cited. 14 CA 157, 158. Cited. 36 CA 206, 208−210. Cited. 37 CA 764, 768, 769. Cited. 46 CA 63.
Cited. 15 CS 358. The binding effect of a waiver in a subcontract of the right to a mechanic's lien is not obviated by
the contractor's breach of contract. This section does not provide an adequate remedy to these plaintiffs and their petition
in equity for a summary discharge of the liens should be granted. 22 CS 293. Cited. 31 CS 209. Cited. 42 CS 460, 461,
469−473.
Cited. 6 Conn. Cir. Ct. 456.
Subsec. (a):
Cited. 228 C. 574, 580, 581.
Cited. 46 CA 63. Commissioner of Public Works has interest sufficient to contest tax lien on property which is subject
to long-term financing agreement entered into by commissioner, since Sec. 4b-46 exempts from taxation property that is
the subject of such agreements. 53 CA 438.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 8059; 1955, S. 3200d; P.A. 79-602, S. 114.)
History: P.A. 79-602 restated provisions but made no substantive changes.
See title 42a, article 9 re secured transactions, sales of accounts, contract rights and chattel paper under Uniform
Commercial Code.