2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-34. - Certificate of lien to be recorded and notice given to owner.

A mechanic's lien is not valid unless the person performing the services or furnishing the materials (1) within ninety days after he has ceased to do so, lodges with the town clerk of the town in which the building, lot or plot of land is situated a certificate in writing, which shall be recorded by the town clerk with deeds of land, (A) describing the premises, the amount claimed as a lien thereon, the name or names of the person against whom the lien is being filed and the date of the commencement of the performance of services or furnishing of materials, (B) stating that the amount claimed is justly due, as nearly as the same can be ascertained, and (C) subscribed and sworn to by the claimant, and (2) not later than thirty days after lodging the certificate, serves a true and attested copy of the certificate upon the owner of the building, lot or plot of land in the same manner as is provided for the service of the notice in section 49-35.
(1949 Rev., S. 7218; P.A. 74-310, S. 2; P.A. 75-418, S. 1, 10; P.A. 76-290, S. 1, 6; P.A. 79-602, S. 87; P.A. 81-8, S. 8, 9; P.A. 85-501, S. 8; P.A. 03-224, S. 6.)
History: P.A. 74-310 added reference to lots or plots of land; P.A. 75-418 required that copy of certificate be filed upon owner of building or land; P.A. 76-290 required that certificates contain name or names of person against whom lien is being filed, specified that copy may be served on owner of building or land before certificate is lodged and deleted provision re filing of certificate by executor or administrator when party who might have filed it dies before doing so; P.A. 79-602 restated provisions but made no substantive changes; P.A. 81-8 increased the time limit on the service of a copy of the certificate from 7 to 30 days after lodging the certificate; P.A. 85-501 extended time for filing of certificate from 60 to 90 days; P.A. 03-224 deleted “within the same time, or prior to the lodging of the certificate but” in Subdiv. (2) and made technical changes, effective July 2, 2003.
See Sec. 7-28 re indexing of mechanic's lien by town clerk.
An innocent overstatement of the amount of the claim will not invalidate the certificate. 18 C. 349; 39 C. 354; 51 C. 440. One certificate may embrace two distinct jobs. 23 C. 567. The description of the premises must be substantially accurate. 29 C. 266; 30 C. 473. If, after the work is substantially done, there is an unreasonable delay in completing it, any work done after such delay will not be considered in computing the 60 days for recording the lien. 41 C. 510; Id., 617; 46 C. 296; 68 C. 35. Delay held not unreasonable. 99 C. 403. Lienor not held to date of completion stated in lien, but may prove completion at any time within 60 days before filing of certificate. 46 C. 296. The written assent of the owner to the subcontractor's contract need not be in any particular form. 71 C. 95. Overstatement of amount due. 80 C. 392. Purpose of statute; estoppel by recital as to date lien attaches. 71 C. 95. To be liberally construed; 78 C. 475; to effectuate its purpose. 89 C. 520; 99 C. 403. Policy requiring recording. 82 C. 306. Certificate where materials furnished for adjoining buildings. 42 C. 292; 44 C. 349; 76 C. 382; 78 C. 475; 89 C. 527; Id., 554; 91 C. 169; Id., 712. Precise statement as to amount of materials not necessary. 76 C. 382. Honest mistake as to quantity of land will not invalidate lien; 89 C. 524; or as to amount due. 91 C. 170. Time when subcontractor must file lien; effect of filing while services being rendered. 82 C. 298; Id., 304. When certificate filed, lien dates back to beginning of rendering services, as regards mortgage or sale of land. 80 C. 392; 87 C. 316. Time for recording certificate begins to run when work substantially completed. 90 C. 651. Cited. 113 C. 10; 116 C. 275. Error in describing subcontractor as contractor did not invalidate lien. 118 C. 615. Notice of intent to claim a lien may be served on owner after recording of certificate of lien under section. 147 C. 351. Cited. 168 C. 371; 169 C. 76; 172 C. 1. Certificate of lien must be served on all owners as of date of filing lien, not just on developer with whom work was contracted. 177 C. 295. Cited. 180 C. 501; 181 C. 592. Notice sent under statute was sufficient to also satisfy requirements of Sec. 49-35(a). 185 C. 549. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. Id., 583. Cited. 210 C. 511; 219 C. 810; 224 C. 563; 230 C. 24. Statute substantially complied with and mechanic's lien held valid; judgment of Appellate Court in 31 CA 15 reversed. 230 C. 807. Work done at request of owner will extend time for filing certificate of lien past the date of substantial completion. 247 C. 234. “Subscribed and sworn to” requirement in Subdiv. (1)(C) requires that claimant executing mechanic's lien sign the lien at the end and take part in an oath ceremony in which claimant swears to the truth of facts set forth in the lien, and further, that there be evidence in the lien, such as a jurat, confirming administration of the oath by a notary public or commissioner of the Superior Court, and section does not require affidavit or similar writing, or written recital of claimant's oath. 280 C. 672.
Cited. 1 CA 169; 5 CA 106; 8 CA 83; 27 CA 199; 31 CA 15; judgment reversed, see 230 C. 807; Id., 485; 37 CA 547; 44 CA 240. Trivial work after substantial completion will not extend time for filing lien. 47 CA 265. “Owner” as used in section means only the owner at time of service of certificate of lien because, at that time, it is only that owner who possesses adversely affected property rights, and, consequently, has right to a hearing designed to protect those rights. 99 CA 690. Inspection, removal and replacement of materials in response to owner's complaints of deficient work constitutes “services” for purposes of time for filing mechanic's lien. 126 CA 18. Error in commencement date listed on lien certificate did not invalidate lien in absence of evidence of a fraudulent intent or prejudice to defendant. 136 CA 184.
A defective mechanic's lien may be reformed to correct a mistaken date of completion if no one is injured. 7 CS 456. Cited. 13 CS 197; 15 CS 360; 20 CS 460. Reformation of a mechanic's lien is legally impossible unless there is mutual mistake or unilateral mistake coupled with fraud or inequitable conduct. 22 CS 230. “Sworn to” implies subscriber has declared on oath the truth of statement to which his name is subscribed; certificate which merely recites claimant “acknowledges” execution of lien is insufficient. 23 CS 298. Cited. Id., 380; 27 CS 203; 33 CS 552; 42 CS 460.
Trivial work after substantial completion will not extend time for filing. 2 Conn. Cir. Ct. 365. If, at time of abandonment of construction contract by contractor, no money is due contractor from owner, contractor is not entitled to mechanic's lien and subcontractor is likewise not entitled to a lien unless he can show both a timely filing of a certificate of lien by him and that there was an unlawful prepayment by owner to contractor. Id., 622. That lien was invalid is no defense to action by lienor against escrow agent for breach of his agreement to hold release of said lien in escrow until thousand dollars was delivered to lienor; validity of lien is irrelevant since action is against escrow agent and not obligee. 5 Conn. Cir. Ct. 95. Cited. Id., 349.
Subdiv. (1):
Subpara. (C): Must include written oath. 210 C. 511. Subpara. (A) cited. 235 C. 595.