Connecticut Mechanic Lien Deadlines

90-Day Mechanic Lien Recording Deadline (§49-33)

Under Connecticut law, all mechanic lien claimants — whether contractors or subcontractors — must record a mechanic lien within 90 days after the last date of performance of labor or furnishing of materials. This 90-day deadline is established under C.G.S. §49-33 and applies uniformly to all private works mechanic lien claims.

The 90-day period begins to run from the claimant's last date of furnishing labor, services, or materials to the project. It is critical to accurately determine and document the last date of performance, as failure to record the mechanic lien within 90 days results in the complete loss of mechanic lien rights.

Connecticut courts strictly enforce the 90-day deadline. There are no statutory extensions or exceptions to this filing requirement. Claimants should calendar the deadline immediately upon completing their last work or delivery on the project.

Sworn Mechanic Lien Requirement (§49-34)

Connecticut law requires that the mechanic lien be sworn to by the claimant under C.G.S. §49-34. This means the claimant must personally sign the mechanic lien document at the end and participate in an oath ceremony in which the claimant swears to the truth of the facts stated in the mechanic lien.

There must be evidence in the mechanic lien, such as a jurat, confirming the administration of the oath. A jurat is the certification by a notary or other authorized official that the document was sworn to before them. The Connecticut Supreme Court addressed this requirement in Stone-Krete Concrete, Inc. v. Jill P. Eder, 280 Conn. 672 (2006), emphasizing that the sworn oath requirement is mandatory and must be strictly complied with.

A mechanic lien that is merely signed but not properly sworn to under oath may be invalidated. Claimants should ensure they appear before a notary public or other authorized official to take the oath at the time of signing the mechanic lien document.

Service of Mechanic Lien Copy on Owner — 30-Day Deadline

After recording the mechanic lien, the claimant must serve a copy of the recorded mechanic lien on the property owner no later than 30 days after the mechanic lien is recorded. This post-recording service requirement applies to all mechanic lien claimants, including both contractors and subcontractors.

Service on the owner ensures that the property owner has actual notice of the mechanic lien encumbrance. While the recording of the mechanic lien provides constructive notice through the land records, the personal service requirement provides an additional layer of notice to the owner.

Claimants should retain proof of service on the owner, including the date and method of service. Failure to timely serve the owner may provide grounds for challenging the validity of the mechanic lien.

Mechanic Lien Recording Location and Procedures

The mechanic lien must be recorded in the land records of the town in which the improved property is located. Connecticut uses a town-based recording system rather than a county-based system, so the mechanic lien must be filed with the town clerk of the appropriate municipality.

The mechanic lien document should include the following information:

• The name and address of the mechanic lien claimant
• The name and address of the property owner
• A legal description of the real property upon which the mechanic lien is claimed
• The amount claimed to be due and owing for labor, services, or materials
• A description of the labor, services, or materials furnished
• The dates of first and last performance
• The claimant's sworn oath (jurat) as required by §49-34

Leasehold Interests — Mechanic Lien Attachment (§49-33(h))

Under C.G.S. §49-33(h), mechanic liens in Connecticut may attach to leasehold interests in real property, provided that the claim arises by virtue of an agreement with, or by the consent of, the lessee of the real property. This provision extends mechanic lien rights beyond fee simple ownership interests to include tenant improvements and leasehold construction projects.

Claimants performing work on leased property should confirm that their agreement is with the lessee or that the lessee has consented to the work. Without such agreement or consent, the mechanic lien may not attach to the leasehold interest, potentially leaving the claimant without a secured remedy.

Prompt Payment Requirements

Connecticut law establishes prompt payment obligations that complement the mechanic lien framework. Property owners must pay for labor and materials within 30 days of receiving a payment request. General contractors must pay subcontractors within 30 days of receiving payment from the owner for such labor and materials under C.G.S. §42-158j.

Subcontractors are required to include similar prompt payment provisions in their contracts with their own subcontractors and suppliers. These cascading payment obligations are designed to ensure that payments flow promptly through the construction chain from owner to general contractor to subcontractors and suppliers.