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.
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.
How do I put a lien on the property and sue these people for kicking me out after remodeling and getting my tools stolen
First, filing a lien under the circumstances you present is problematic. There are strict deadlines for noticing intent and recording your lien. Sounds to me like this is an afterthought and not within 4 months of your last date of work, but perhaps I'm wrong there. In any event, if you're seeking items from two years ago, I doubt that would go well for you under a mechanic's lien theory of recovery.
Second, it doesn't sound like there was much of an arrangement between you and the owner, this was something you were doing to improve the residence you were living in.
Third, if you're broke, what good is the mechanic's lien anyway? Even if it were valid, you'd still need to take action on it to pursue it. If they've just refi'd, I imagine the property is encumbered to a not-insignificant extent. The loan already closed, so presumably they aren't going to refi again or sell very soon. If you don't have the money to pursue a wrongful eviction, foreclosure likely isn't within your current financial ability to pursue. If you aren't going to foreclose, then you still have other claims and remedies, but I'd think you'd handle most of those claims and damages within a wrongful eviction case, should you ever have the means to pursue that case.
I have not been paid and didnt file the 20 day due 9 months ago
Most likely your best course of action at this point would be a demand letter and potentially a breach of contract action against the GC who has not paid you. If there is a payment bond on the project your may still have time to make a claim against this bond. But otherwise, because you did not send preliminary notice, you would not have lien rights.
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!