Sending a Connecticut preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in Connecticut.
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Notice of intent to lien
Connecticut preliminary notice requirements for:
General contractors are not required to send notice in Connecticut.
However, it is advised to file an affidavit with the county clerk within 15 days of commencing work.
General contractors are not required to send notice on public projects in Connecticut.
Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
Subcontractors and suppliers are not required to send preliminary notice on private projects. However, a notice of intent should be sent before filing a mechanics lien.
Notice must be sent within 90 days
Notice must be sent to the owner or the GC
Notice cannot be sent late
Notices of intent are sent within 90 days after ceasing work and filing a lien claim.
Parties who remain unpaid 30 days after their hiring party is paid for the work the claimant provided must provide notice to the hiring party in order to gain protections.
Notice must be sent within 30 days
Notice must be sent to the hiring party
Notice CAN be sent late
Notice may be given at any time until the time has passed in which a suit to recover against the bond has elapsed.
If you're sending notices in Connecticut, it's important to understand the rules and requirements in order to make sure your notice is sufficient and effective. Since notices are subject to a lot of complex rules and requirements, this can all be difficult. These are some frequently asked questions about the notice process in Connecticut.
Who needs to send a Connecticut preliminary notice?
Connecticut does not require any notice prior to performing work on a private project.
However, the general contractor is allowed to file an affidavit with the town clerk in the town in which the property is located. If properly filed, subcontractors and suppliers are required to serve a copy of the notice of intent to lien on the general contractor, as opposed to just the property owner.
All lien claimants who do not have a direct contractual relationship with the property owner must provide a Notice of Intent to Lien to the owner (and the original contractor if an affidavit was filed with the town clerk).
What if I send a Connecticut preliminary notice late?
The affidavit is not a required filing in Connecticut, so the original contractor’s lien rights are not affected by the failure to file an affidavit. However, if the original contractor does not file an affidavit he is not entitled to be served with a copy of a subcontractor’s, supplier’s, or materialman’s Notice of Intent to Lien.
Who needs to send a Connecticut preliminary notice?
Bond Claim/Contract Funds
Subcontractors and suppliers who remain unpaid after their hiring party is paid for the work the claimant provided may provide notice to the hiring party. Failure of the hiring party to pay within 10 days of receiving the notice may result in 1% interest per month being added to the amount due.
Furthermore, the claimant may request that the hiring party place the funds in an interest-bearing escrow account – failure to do so may result in the hiring party being held liable for the claimant’s attorney’s fees.
If you have properly completed all steps prerequisite to filing a lien, including the preparation and service of a preliminary 200day notice, then you should be able to file a lien provided the project is lienable. You should have a real estate attorney review the matter with you to determine if you have lien rights or, in the event you do not, what alternatives are available for you.
Connecticut does not require any notice prior to performing work on the project. However, the general contractor is allowed to file an affidavit with the town clerk in the town in which the property is located. If the affidavit is properly filed within 15 days after commencement of work, subcontractors and suppliers are required to serve the original contractor (in addition to the property owner) with a copy of any notice of intent to file a lien.
All lien claimants who do not have a direct contractual relationship with the property owner must provide a Notice of Intent to Lien to the owner (and the original contractor if an affidavit was filed with the town clerk) within the 90-day period in which the Certificate of Lien must be filed, and before filing the Certificate of Lien.
The generic notice form can be used in Connecticut, or any other state where notice is not required. It provides information about your company to the property owner, general contractor, and other parties in charge of payment on a construction project.
Fill out the form
Be careful! Accuracy is important.
Next, fill out the form completely and accurately. Property owners and general contractors often rely on this document to communicate with you, and making mistakes on this form can cause payment delays.
Deliver the form
Since Connecticut doesn’t have any preliminary notice requirement, there are no specific rules for delivery. Deliver your notice however you see fit.
How to send a Preliminary Notice with Levelset
Select Preliminary Notice document.
Provide basic job information.
Levelset sends the document for you. Postage included!