Hello, we are a steel contractor in new york, we did some railing work at a well known mall in connecticut and are having a tough time getting a payment due. What do we need and what are the steps to proceed with filing a lien on the property?
1 reply
Dec 16, 2019
How to file a Connecticut Mechanics
The steps to filing a Connecticut mechanics lien is relatively straightforward. Here are the recommended and required steps to securing your mechanics lien rights to payment.
Step 1. CT Notice of Intent to Lien
In the state of Connecticut, there are no traditional preliminary notices required to secure the right to file a mechanics lien. There is a however, a required Notice of Intent to Lien. This notice is regulated by Conn. Gen. Stat. §49-35. This notice should be sent to the property owner within the deadline to file a Certificate of Lien, which is 90 days from the last day of furnishing labor or materials to the project; but before the lien is filed. Additionally, if the general contractor filed an affidavit at the outset of the project, a copy must also be sent to the GC.
As far as how to send this notice, CT law makes service a bit complicated. If the owner/GC lives in the same town where the property is located, then service must be done personally; typically through a state marshal. If they reside in a different town, then service should be sent with certified mail, with return receipt requested.
Step 2. Filing a Connecticut Certificate of Lien
If payment is not forthcoming, the next step would be to file the Connecticut Certificate of Lien. Keep in mind, that this also needs to be done within the 90-day period after last furnishing. Once filed, a copy of the lien claim must be served on the owner (in the same manner as the Notice of Intent) within 30 days of filing the certificate. Given the complicated nature of service, be sure that you are organized and prepared to send notice as soon as the claim is filed.
Step 3. Sending a Notice of Intent to Foreclose
Before filing an enforcement action there is one more step claimants can take to try and induce payment. A claimant can send a Notice of Intent to Foreclose; this is not a required step, but is fairly effective. Since it's not required, simply mailing the notice (with return receipt requested for documentation purposes) will be sufficient. Consider this a final warning shot to the property owner that if payment isn't received in x amount of days, that you are willing and able to enforce the claim through a lawsuit.
Step 4. Enforcement of the CT Mechanics Lien
Finally, if no payment has been received, it may be time to enforce the lien claim. A properly filled Connecticut mechanics lien is only valid for one year from when the claim was recorded. If no action, such as an enforcement lawsuit isn't initiated, then the claim will expire and no longer be enforceable. An enforcement action is a full lawsuit, so be sure that it's worth it. Although individual claimants may be able to file on their own; we always recommend contacting a local attorney to help guide you through the process. A good place to start is Avvo.com, or the CT State Bar Association Lawyer Referral Service.