I used Levelset yesterday to file a lien. I just saw how my state requires s legal contract of work. I have nothing in writing. Am I wasting $349? R Davies.
FabTek Technology
1 reply
Nov 8, 2019
Connecticut has some unnecessarily complex and illogical requirements when it comes to written contracts and sending notice. However: Connecticut contractors and subcontractors don't necessarily have to execute a written contract in order for mechanics lien rights to arise.
Connecticut mechanics lien rights, explained
Under § 49-35 of the Connecticut mechanics lien statute, original contractors do not need a written contract with the property owner in order to file a mechanics lien. So, when hired by the owner, a written agreement is not required in order to file a mechanics lien claim.
As for subs and suppliers - Connecticut has some weird written contract requirements that can relieve a subcontractor or supplier from having to send notice if their contract is written and approved (in writing) by the owner. However, a sub or supplier can be entitled to file their lien claim even if these contract requirements aren't followed.
In order to preserve this lien right, a Connecticut lien claimant will need to send a Notice of Intent to Lien to the property owner before filing their mechanics lien. And, if a Notice of Commencement was filed, then they'll need to send the notice to the project's prime contractor as well.