Connecticut Preliminary Notice FAQs

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).

• We explore these requirements here: Connecticut Notice of Intent FAQs & Guide.

The affidavit filed by the original contractor must be filed within 15 days from the commencement of work to have the effect described above.

The Notice of Intent to Lien must be filed within the 90-day period in which a Certificate of Lien may be filed (within 90 days of ceasing work) and prior to the filing of the Certificate of Lien.

The original contractor’s affidavit is to be filed in the office of the town clerk in the town in which the subject property is located.

The Notice of Intent to Lien must be sent to the property owner, and, if the general contractor properly filed an affidavit, then to the GC as well.

The original contractor’s affidavit is to be filed with the town clerk in the town in which the subject property is located.

Connecticut rules for serving the Notice Intent to Lien are complex and strict.

A general contractor’s affidavit must include the following information pursuant to Conn. Gen. Stat. §49-35(a):

• The general contractor’s business name;

• The general contractor’s business address;

• Description of the property; &

•  Signed in front of a notary.

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.

It depends.

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.

• See: For State projects in CT, do material suppliers need to send a preliminary to their hiring party (general contractor)?

Claims Against State

No notice is required for a general contractor to make a claim for nonpayment against the public entity.

Bond Claim/Contract Funds

The notice must be received more than 30 days after the hiring party receives payment for the labor and/or materials furnished by the claimant.

Claim Against State

N/A

Bond Claim/Contract Funds

The notice must be given to the party that hired the claimant. If the claimant was hired by a subcontractor, it may be advisable to also provide a copy of the notice to the general contractor.

Furthermore, this notice can be effective as a notice of a claim against the payment bond in CT if it includes additional information and sent to the surety.

Claim Against State

N/A

Bond Claim/Contract Funds

The notice to secure interest, request funds to be deposited in an escrow account, and to be effective as a claim against the payment bond, notice should include:

• Claimant’s information;

• Amount claimed;

• Statement demanding funds be deposited in an escrow account (if desired)

• Hiring party’s information; &

• Description of the property.

Claim Against State

N/A

Bond Claim/Contract Funds

The notice must be sent via registered or certified mail.

Claim Against State

N/A

Bond Claim/Contract Funds

Notice cannot be late unless given after the time has passed for a suit to be initiated; which in CT  is one year from the last date of furnishing labor and/or materials to the project.

Claims Against State

N/A