2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-35. - Notice of intent. Liens of subcontractors and materialmen.

(a) No person other than the original contractor for the construction, raising, removal or repairing of the building, or the development of any lot, or the site development or subdivision of any plot of land or 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, is entitled to claim any such mechanic's lien, unless, after commencing, and not later than ninety days after ceasing, to furnish materials or render services for such construction, raising, removal or repairing, such person gives written notice to the owner of the building, lot or plot of land and to the original contractor that he or she has furnished or commenced to furnish materials, or rendered or commenced to render services, and intends to claim a lien therefor on the building, lot or plot of land; provided an original contractor shall not be entitled to such notice, unless, not later than fifteen days after commencing the construction, raising, removal or repairing of the building, or the development of any lot, or the site development or subdivision of any plot of land, such original contractor lodges with the town clerk of the town in which the building, lot or plot of land is situated an affidavit in writing, which shall be recorded by the town clerk with deeds of land, (1) stating the name under which such original contractor conducts business, (2) stating the original contractor's business address, and (3) describing the building, lot or plot of land. The right of any person to claim a lien under this section shall not be affected by the failure of such affidavit to conform to the requirements of this section. The notice shall be served upon the owner or original contractor, if such owner or original contractor resides in the same town in which the building is being erected, raised, removed or repaired or the lot is being improved, or the plot of land is being improved or subdivided, by any indifferent person, state marshal or other proper officer, by leaving with such owner or original contractor or at such owner's or the original contractor's usual place of abode a true and attested copy thereof. If the owner or original contractor does not reside in such town, but has a known agent therein, the notice may be so served upon the agent, otherwise it may be served by any indifferent person, state marshal or other proper officer, by mailing a true and attested copy of the notice by registered or certified mail to the owner or original contractor at the place where such owner or the original contractor resides. If such copy is returned unclaimed, notice to such owner or original contractor shall be given by publication in accordance with the provisions of section 1-2. When there are two or more owners, or two or more original contractors, the notice shall be so served on each owner and on each original contractor. The notice, with the return of the person who served it endorsed thereon, shall 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.
(b) No subcontractor, without a written contract complying with the provisions of this section, and no person who furnishes material or renders services by virtue of a contract with the original contractor or with any subcontractor, may be required to obtain an agreement with, or the consent of, the owner of the land, as provided in section 49-33, to enable him to claim a lien under this section.
(1949 Rev., S. 7219; P.A. 74-310, S. 3; P.A. 75-418, S. 2, 10; P.A. 79-602, S. 88; P.A. 81-8, S. 7, 9; P.A. 85-501, S. 9; P.A. 86-12, S. 3; P.A. 91-350, S. 3; P.A. 00-99, S. 100, 154; P.A. 01-195, S. 46, 181; P.A. 03-224, S. 7.)
History: P.A. 74-310 applied provisions to development of lot, site development and subdivision of land; P.A. 75-418 required that notice be served on each owner where previously notice served to one owner was considered as notice to all; P.A. 79-602 divided section into Subsecs. and rephrased provisions; P.A. 81-8 amended Subsec. (a) to provide for service of process “by registered or certified mail” to nonresident owners and by publication if such copy is returned unclaimed; P.A. 85-501 inserted provisions concerning notice to the original contractor; P.A. 86-12 increased notice period from 60 to 90 days; P.A. 91-350 specified that notice may be served by a “sheriff or other proper officer”; P.A. 00-99 replaced references to sheriff with state marshal in Subsec. (a), effective December 1, 2000; P.A. 01-195 made technical changes in Subsec. (a) for purposes of gender neutrality, effective July 11, 2001; P.A. 03-224 amended Subsec. (a) by replacing “within said period of ninety days” with “not later than thirty days after the filing of the certificate pursuant to section 49-34”, effective July 2, 2003.
Certain facts held not to amount to written assent of owner. 24 C. 320. Contractor gets no lien on land whose title never vested in his employer through latter's failure to complete his purchase contract. 43 C. 143. Mistake in firm name of lienors in body of lien, the signature being correct, does not invalidate lien; lien not invalidated by erroneously including too much land, a release of the excess of land, not sealed, witnessed or acknowledged, being recorded. 46 C. 386. Action for damages maintainable by subcontractor against owner for preventing him by false representations from filing his lien within time limited. 53 C. 561. Certain circumstances constituting party a subcontractor. 55 C. 261. Statute providing that notice of intent must be given within 60 days from the commencement of furnishing makes the time begin with the beginning of a running account. 56 C. 323. Mere knowledge by landowner that materials are being furnished not enough; 66 C. 47; nor is oral or informal notice. 84 C. 487. Lienor is estopped by the date of taking effect, as given in his lien, from proving that it took effect earlier, so as to obtain preference over a mortgage recorded before the date in the lien; what assent to contract of subcontractor requires. 71 C. 95. Notice may be given before work completed; return need not be alleged in foreclosure. 73 C. 519. Right of one to whom subcontractor sublet part of work. 76 C. 107. “Original contractor”; 80 C. 392; receiver of contractor is; 90 C. 17; also one who sells land under contract including erection of house on it; 104 C. 657; one who takes possession of land under agreement to build house is not. 74 C. 113. Purpose and effect of statutes giving lien to subcontractor. 81 C. 506; 82 C. 248. Rights of subcontractors where receiver of original contractor continues contract. 90 C. 17. Pleadings and issues where subcontractor forecloses and owner sets up defect in performance. 95 C. 339. Subcontractor has no right of lien unless original contractor had. 96 C. 225. Rights of subcontractors considered in detail. 108 C. 234. Cited. 109 C. 265. Purpose of notice by subcontractor to inform owner so that payment to contractor may be withheld. 116 C. 276. Because copies not “attested”, liens invalid. 115 C. 494. Omission of word “attested” in endorsement not fatal; nor was endorsement of “a true and attested original”. 131 C. 646. Indifferent person is an impartial, unbiased one; an employee of subcontractor claiming a lien does not qualify. 141 C. 193. Notice of intent to claim a lien is concerned with protection of the owner of the property who might not otherwise know what subcontractors the principal contractor had employed; not necessary to file notice of intent to claim a lien prior to filing for record a certificate of lien under Sec. 49-34. 147 C. 351. Cited. 161 C. 242; 168 C. 371; 169 C. 76; 172 C. 1; 177 C. 295; 180 C. 501; 181 C. 592. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583.
Cited. 27 CA 199; 37 CA 547. “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.
Nature of “consent” discussed. 13 CS 196. Cited. 23 CS 380; 33 CS 552.
Cited. 2 Conn. Cir. Ct. 622.
Subsec. (a):
Notice sent under Sec. 49-34 was sufficient to satisfy requirements of statute; both notice requirements may be satisfied by one document. 185 C. 549. Cited. 196 C. 233.