Connecticut Notice Requirements

Private Works — Contractors: No Preliminary Notice Required

Under Connecticut law, original contractors are not required to serve any preliminary notice or Notice of Intent before recording a mechanic lien on private works. The contractor may proceed directly to record a mechanic lien within 90 days of last performance without prior notification to the property owner under C.G.S. §49-33.

However, after recording the mechanic lien, the contractor 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 ensures the owner receives actual notice of the mechanic lien encumbrance.

The owner is required to pay for labor and materials within 30 days of receiving a payment request. Failure to make timely payment triggers the contractor's right to pursue mechanic lien remedies under Connecticut law.

Private Works — Subcontractor Notice of Intent to File Mechanic Lien (§49-35(a))

Subcontractors whose contracts are not signed or assented to in writing by the property owner must serve a Notice of Intent to File Mechanic Lien before recording a mechanic lien under C.G.S. §49-35(a). This notice must be served upon the owner within 90 days of the subcontractor's last date of performance.

The Notice of Intent must also be served on the original contractor, but only if the original contractor has lodged an affidavit stating the name under which the contractor does business, the contractor's business address, and a description of the subject premises within 15 days of commencing performance on the project.

The Notice of Intent must be served by an indifferent person — meaning a person who is not a party to the dispute and has no financial interest in the outcome. This requirement ensures impartiality in the service of the notice and is strictly enforced by Connecticut courts.

Service Requirements for Notice of Intent

Connecticut law requires that the Notice of Intent to File Mechanic Lien be served by an indifferent person. An indifferent person is someone who is not a party to the transaction and does not have a direct financial interest in the project or the mechanic lien claim. This is a critical procedural requirement that must be strictly followed.

The notice must be served within the 90-day window following last performance. Subcontractors should carefully document the date of last furnishing of labor or materials to ensure the notice is timely served.

• Notice must be served by an indifferent person (not a party to the claim)
• Service must be upon the property owner
• Service on the original contractor is required only if the contractor has lodged the required affidavit
• The 90-day deadline runs from the date of last performance
• Retain proof of service, including the identity of the person who served the notice

Public Works — 180-Day Notice of Claim on Bond (§49-41a(a))

On Connecticut public works projects involving contracts over $50,000, subcontractors and materialmen who are not paid within 60 days of the applicable payment date must send a Notice of Claim on Bond within 180 days of last performance. This notice must be served on both the surety and the principal (general contractor) under C.G.S. §49-41a(a).

No preliminary notice is required on public works projects in Connecticut. The 180-day Notice of Claim on Bond is the sole notice obligation for subcontractors and materialmen seeking to recover under a public works payment bond.

The notice triggers the surety's obligation to investigate the claim and respond. Failure to send the notice within the 180-day period may result in the loss of payment bond rights.

Escrow Account for Retention — Notice of Claim to General Contractor

Connecticut provides additional protections for subcontractors through escrow account provisions. If the project owner pays the general contractor and the general contractor does not pay subcontractors within 30 days of receiving payment, the subcontractor may give a registered mail Notice of Claim to the general contractor.

After 10 days from the Notice of Claim, the general contractor becomes liable for 1% per month interest on the unpaid amount and may be required to escrow the amount due plus 1% interest in an interest-bearing account. This provision under C.G.S. §42-158j incentivizes prompt payment by general contractors to their subcontractors.

Anti-Waiver Protections (§42-158i)

Connecticut law invalidates any contractual provision or waiver that purports to release the right of a contractor, subcontractor, or supplier to claim a mechanic lien or make a claim against a payment bond for services, labor, or materials which have not yet been performed and paid for under C.G.S. §42-158i.

This anti-waiver protection ensures that mechanic lien and bond claim rights cannot be waived in advance through contract provisions. Only a waiver executed after the work has been performed and payment has been received is enforceable. Claimants should be aware that no-lien clauses in construction contracts are unenforceable under Connecticut law.