Connecticut Notice of Intent to Claim a Lien

Introduction

Key Things to Know

1. 1

   Connecticut's early notice is the notice of intent in section 49-35. It is a writing saying the claimant has furnished or commenced to furnish materials, or rendered or commenced to render services, and intends to claim a lien, and it travels as an attested copy handed over by a server rather than going on record anywhere.

2. 2

   Service is the hard part here, not the drafting. The statute demands a true and attested copy, delivered by any indifferent person, a state marshal or other proper officer, and the state's own annotation says an indifferent person is an impartial, unbiased one and excludes an employee of the claiming subcontractor.

3. 3

   The delivery route depends on residence. Same town as the work: leave the copy with the person or at the usual place of abode. Not resident but a known agent in the town: serve the agent the same way. Otherwise: registered or certified mail to where the person resides. Unclaimed: publication under section 1-2.

4. 4

   Every owner and every original contractor is served separately. The statute says that where there are two or more owners, or two or more original contractors, the notice shall be served on each owner and on each original contractor.

5. 5

   The original contractor earns its copy. It is not entitled to the notice unless, not later than fifteen days after commencing the work, it lodged a written affidavit with the town clerk stating the name it conducts business under, its business address, and describing the building, lot or plot of land.

6. 6

   Two classes are outside the requirement: the original contractor, and 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. Everyone else, suppliers and lower tiers included, is inside it.

7. 7

   The proof comes back to you rather than going to a public office. The person who served the notice endorses a return on it, and the notice with that return has to be returned to the original maker of the notice, which means you have to chase your server for it.

Connecticut Requirements for Preliminary Notice

• A True and Attested Copy, Every Time

  Section 49-35(a) requires a true and attested copy at each step of its service sequence, whether the copy is left in hand, left at the usual place of abode, served on a known agent, or mailed. The annotation the General Assembly prints under the section records liens held invalid because the copies were not attested.

• Served by an Indifferent Person, State Marshal or Other Proper Officer

  Those three are the only servers the section names, and the same list applies to the mailing route. The state's printed annotation records that an indifferent person is an impartial, unbiased one and that an employee of the subcontractor claiming the lien does not qualify, so the claimant's own staff cannot serve it.

• The Four-Step Delivery Sequence, Keyed to Residence

  Resident in the town where the work is: leave the copy with the person or at the usual place of abode. Not resident but a known agent in the town: serve the agent the same way. Otherwise: registered or certified mail to the place where that person resides. If that copy is returned unclaimed: publication in accordance with section 1-2. Registered mail is a fallback in Connecticut, not a first choice.

• Each Owner and Each Original Contractor Separately

  The notice goes to the owner of the building, lot or plot of land and to the original contractor, and where there are two or more owners, or two or more original contractors, the statute requires service on each owner and on each original contractor. Service on one co-owner has not counted as service on all since 1975.

• The Original Contractor's Town Clerk Affidavit

  An original contractor is not entitled to the notice unless, not later than fifteen days after commencing the work, it lodged a written affidavit with the town clerk, recorded with deeds of land, stating the name under which it conducts business, stating its business address, and describing the building, lot or plot of land. A claimant's right to claim a lien is not affected by that affidavit failing to conform to the section.

• What the Writing Must Say

  Section 49-35(a) prescribes no form and no warning paragraph. It requires the writing to state that the person has furnished or commenced to furnish materials, or rendered or commenced to render services, for the construction, raising, removal or repairing of the building, the development of the lot, or the site development or subdivision of the plot of land, and that the person intends to claim a lien therefor on the building, lot or plot of land.

• The Endorsed Return Comes Back to You

  The notice, with the return of the person who served it endorsed thereon, must 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. The proof stays in the claimant's file rather than going to a public office, so the server has to be chased for it.

• Two Exempt Classes, and No Owner Consent Required

  Outside the requirement: the original contractor, and 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. Everyone else is inside it. Section 49-35(b) adds that no subcontractor without such a written contract, and no person furnishing material or rendering services by virtue of a contract with the original contractor or any subcontractor, may be required to obtain an agreement with, or the consent of, the owner of the land under section 49-33 in order to claim a lien.