Pre-lien Notice / Notice to Owner

Connecticut Notice of Intent to Claim Mechanic's Lien

When This Notice Is Required

Under Conn. Gen. Stat. § 49-35(a), this notice generally applies to a lien claimant other than:

☐ The original contractor; or

☐ A subcontractor whose written contract with the original contractor was assented to in writing by the other party to the original contract.

The claimant gives the notice after commencing to furnish materials or services and no later than 90 days after ceasing to do so.

This notice is not the lien certificate required by § 49-34.

Part 1 — Eligibility, Deadline, and Recipient Check

☐ Claimant is not within a statutory notice exemption.

☐ Notice is being served after work began and within the 90-day period.

☐ Every owner has been identified for service.

Original-Contractor Affidavit Check

Section 49-35(a) requires notice to the original contractor only when that contractor timely filed the statutory affidavit in the town land records. The affidavit is filed within 15 days after the original contractor begins furnishing materials or services and states the contractor's name, business address, and a description of the property.

☐ Land records checked for a timely original-contractor affidavit.

☐ Affidavit found; serve every original contractor identified by the record.

☐ No timely affidavit found; Connecticut counsel confirmed whether original-contractor service is required.

Part 2 — Notice

DATE: [__/__/____]

To Each Owner

To Each Original Contractor Requiring Notice

From Claimant

Property, Work, and Claim

Notice of Intent

The claimant states that it has furnished or commenced to furnish the materials or services described above for the identified property and intends to claim a mechanic's lien for them under Connecticut law.

This notice does not extend the time to record a lien certificate or to commence and record notice of a foreclosure action.

Part 3 — Statutory Service Instructions

Section 49-35(a) requires service by an indifferent person, state marshal, or other proper officer.

For a recipient who resides in the same town where the property is located:

☐ Leave a true and attested copy with the recipient; or

☐ Leave a true and attested copy at the recipient's usual place of abode.

For a recipient who does not reside in that town:

☐ Serve the recipient's known agent in the town; or

☐ If there is no known local agent, have the proper server mail a true and attested copy by registered or certified mail to the recipient's residence.

☐ If the mailed copy is returned unclaimed, complete publication under Conn. Gen. Stat. § 1-2.

☐ Serve every owner and every original contractor who must receive notice.

Officer or Server Return

I, [________________________________], an ☐ indifferent person ☐ state marshal ☐ other proper officer, served a true and attested copy of this notice as follows:

Registered/certified mail number, if used: [________________________________]

Publication details, if required: [________________________________]

Server signature: [________________________________] Date: [__/__/____]

Section 49-35(a) requires the notice bearing the server's return to be returned to the notice's original maker no later than 30 days after the § 49-34 lien certificate is filed.

☐ Returned to original maker on [__/__/____].

Part 4 — Later Lien Certificate

Under § 49-34, the claimant generally must lodge a written lien certificate with the town clerk where the property is situated within 90 days after ceasing to furnish the materials or services. The certificate must:

☐ Describe the premises.

☐ State the amount claimed as a lien.

☐ Name the person or persons against whom the lien is filed.

☐ State when the claimant began performing services or furnishing materials.

☐ State that the amount claimed is justly due, as nearly as it can be ascertained.

☐ Be subscribed and sworn to by the claimant.

No later than 30 days after lodging the certificate, a true and attested copy must be served on each owner using the § 49-35 service methods.

☐ Ninety-day certificate deadline calendared.

☐ Thirty-day owner-copy service deadline calendared.

Part 5 — Enforcement Deadline

Under § 49-39, the claimant must commence a foreclosure action and record a notice of lis pendens in the town land records within one year from the date the lien was recorded, or within 60 days after final disposition of an application under § 49-35a, including an appeal under § 49-35c, whichever is later.

☐ Foreclosure and lis pendens deadline calendared.

Sources and References

• Connecticut Judicial Branch Law Libraries — Mechanic's Liens in Connecticut (2025 official guide)
• Connecticut General Assembly — Chapter 847, 2026 Supplement