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, such person gives written notice to the owner of the building, lot or plot of land and to the original contractor that he or she 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 the original contractor's 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 such owner's or the
original contractor's 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 such owner or the original contractor 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 not later than thirty days after the
filing of the certificate pursuant to section 49-34.
(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; P.A. 01-195, S. 46, 181; P.A. 03-224, S. 7.)
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; P.A. 01-195 made technical changes
in Subsec. (a) for purposes of gender neutrality, effective July 11, 2001; P.A. 03-224 amended Subsec. (a) by replacing
"within said period of ninety days" with "not later than thirty days after the filing of the certificate pursuant to section 49-34", effective July 2, 2003.
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.
Sec. 49-35a. Application for reduction or discharge. Forms. Hearing. Entry
fee. (a) Whenever one or more mechanics' liens are placed upon any real estate pursuant
to sections 49-33, 49-34, 49-35 and 49-38, the owner of the real estate, if no action to
foreclose the lien 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 lien may be foreclosed under the provisions of section 51-345, or to any judge thereof,
that a hearing or hearings be held to determine whether the lien or liens should be
discharged or reduced. The court or judge shall thereupon order reasonable notice of
the application to be given to the lienor or lienors named therein and, if the application
is not made by all owners of the real estate as may appear of record, shall order reasonable
notice of the application to be given to all other such owners, and shall set a date or
dates for the hearing or hearings to be held thereon. If the lienor or lienors or any owner
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 lienor, lienors or owners
entitled to notice prior to the date of the hearing.
(b) The application, order and summons shall be substantially in the following form:
APPLICATION FOR DISCHARGE OR
REDUCTION OF MECHANIC'S LIEN
To the .... Court of ....
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.
Name of Applicant
By ....
Applicant's Attorney
ORDER
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.
Dated at .... this .... day of .... 20...
SUMMONS
To a state marshal of the county of ...., or either constable of the town of ...., in said
county,
Greeting:
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 such person's hands or at such person's 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
(1) If the clerk, upon receipt of all the documents in duplicate, finds them to be in
proper form, the clerk 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.
(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 such officer's actions.
(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; P.A. 01-195, S. 47, 181; P.A. 03-19, S. 113.)
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); P.A. 01-195 made technical changes in Subsec. (b) for purposes of gender neutrality, effective July 11, 2001;
P.A. 03-19 made a technical change in Subsec. (b)(1), effective May 12, 2003.
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. Trial court did not improperly discharge a lien under section without
first holding a required hearing because, despite defendant's earlier filing for a continuance, defendant failed to appear at
the hearing and forfeited his rights against the plaintiff. 54 CA 355.
Subsec. (b):
Cited. 209 C. 185, 186, 188, 190.
Subsec. (c):
Cited. 235 C. 595, 669.
Cited. 42 CS 460-463.
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.
(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. Trial court did not improperly discharge a lien
under section without first holding required hearing because, despite defendant's earlier filing for a continuance, defendant
failed to appear at the hearing and forfeited his rights against the plaintiff. 54 CA 355.
Subsec. (b):
Cited. 188 C. 253, 255. Cited. 235 C. 595, 670.
Cited. 6 CA 443, 445. Trial court properly discharged lien, even though it did not specifically state the standard of
proof it applied, since trial court's actions and duties are presumed to have been performed in conformity with the law
unless it appears to the contrary. 61 CA 156.
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.
(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. Cited. 54 CA 355.
Subsec. (c):
Cited. 41 CA 737, 740, 742.
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.
(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.
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.
(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.
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.
(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. Bond voluntarily furnished by defendant must be treated same as if bond had been furnished
pursuant to court order in accordance with subsection. 57 CA 227.
Subsec. (b):
Cited. 172 C. 1, 5, 6, 8. Subdiv. (1) cited. 185 C. 583, 591. Plaintiff waived requirement for defendant to show probable
cause pursuant to Subdiv. (5) when plaintiff said it wasn't necessary to go through that formality. 269 C. 599.
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.
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.
(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.
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.
(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.
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.
(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. Id., 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.
Sec. 49-40. Record of discharge of mechanic's and judgment liens. Section 49-40 is repealed.
(1949 Rev., S. 7224; 1949, 1953, S. 2976d; 1969, P.A. 653; 1971, P.A. 181, S. 2.)
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.
(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.
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.
(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 referred to in subsection (a) of this section, 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.
(c) No contract for the construction, alteration or repair of any public building or
public work of the state or of any subdivision thereof that requires a person to supply
the state or subdivision with a bond may include a provision that requires the person to
obtain the bond from a specific surety, agent, broker or producer. No contracting officer
may require that a bond be obtained from a specific surety, agent, broker or producer.
(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; P.A. 01-21.)
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; P.A.
01-21 made a technical change in Subsec. (b) and added new Subsec. (c) prohibiting contract provisions that require the
use of a specific surety, agent, broker or producer.
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. Id., 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.
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.
(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.
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:
(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.
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.
(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.
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 such person's 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
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 p