Connecticut Preliminary Notice Guide and FAQs

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Connecticut Preliminary Notice FAQs

Connecticut Preliminary Notice Overview

Connecticut Preliminary Notice Rules
At a Glance


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Notice Requirements Are Complex

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.


15
DAYS
GCs Not Required, But...

Although not required, it is advised to file an affidavit with the county clerk within 15 days of commencing work.


90
DAYS
Subcontractors Only Required to Send NOI

No preliminary notice is required. However, Notice of Intent to owner and prime contractor should be filed within 90 days after ceasing work and prior to filing a lien claim.


90
DAYS
Suppliers Only Required to Send NOI

No preliminary notice is required. However, Notice of Intent to owner and prime contractor should be filed within 90 days after ceasing work and prior to filing a lien claim.


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You Cannot Send Notice Late

If the required notice of intent to lien is not provided within the statutorily mandated time frame it is fatal to the lien claim in Connecticut.


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Send to All Owners and All Direct Contractors

The notice of intent to lien must be served on the owner, and if the original contractor properly filed the affidavit, the notice of intent to lien must be served on the original contractor as well. If there is more than one owner and/or more than one original contractor, notice must be served on every owner and every original contractor.

If the original contractor files an affidavit it must be filed with the county clerk.

Preliminary notice not required in WV
Preliminary Notice Not Required

"Preliminary" notice is not required in order to make a claim against a payment bond or the project's funds. However, 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 make a claim.


X
No Notice required from GCs

On public jobs, any claims for non-payment are made against the general contractor's bond. 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.


30
DAYS
Subs Must Send Notice If Unpaid

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.


30
Days
Suppliers Must Send Notice If Unpaid

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.


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There is No "Late" Unless Deadline for Claim Has Passed

Notice may be given at any time until the time has passed in which a suit to recover against the bond has elapsed.


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Deliver to Hiring Party

Notice should be provided to the party that hired you and has not yet paid. If hired by a subcontractor, it is also best practice to deliver to the GC, as well.

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.

Preliminary Notice Frequently Asked Questions

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.

Prelim FAQs on Private Projects

Do I Need to Send a Connecticut Preliminary Notice?

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 (besides 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). The notice must be provided within the 90-day period in which the Certificate of Lien must be filed (within 90 days of ceasing work) and before filing the Certificate of Lien.

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

When do I Need to Send a Connecticut Preliminary Notice?

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.

What if I Send the 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. Failure to provide the Notice of Intent to Lien within the statutorily mandated time frame is fatal to the lien claim in Connecticut.

How Should the Connecticut Preliminary Notice be Sent?

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 strict.

Connecticut law requires that “the notice shall be served upon the owner or original contractor, if such owner or original contractor resides in the same town in which the building is being erected, raised, removed or repaired or the lot is being improved, or the plot of land is being improved or subdivided, by any indifferent person, state marshal or other proper officer, by leaving with such owner or original contractor or at such owner’s or the original contractor’s usual place of abode a true and attested copy thereof. If the owner or original contractor does not reside in such town, but has a known agent therein, the notice may be so served upon the agent, otherwise it may be served by any indifferent person, state marshal or other proper officer, by mailing a true and attested copy of the notice by registered or certified mail to the owner or original contractor at the place where such owner or the original contractor resides.

If such copy is returned unclaimed, notice to such owner or original contractor shall be given by publication.” Special care should be taken to serve every property owner, because “when there are two or more owners, or two or more original contractors, the notice shall be so served on each owner and on each original contractor.”

Do I Have to Send the Connecticut Preliminary Notice to Someone Other than the Owner?

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 strict.

Connecticut law requires that “the notice shall be served upon the owner or original contractor, if such owner or original contractor resides in the same town in which the building is being erected, raised, removed or repaired or the lot is being improved, or the plot of land is being improved or subdivided, by any indifferent person, state marshal or other proper officer, by leaving with such owner or original contractor or at such owner’s or the original contractor’s usual place of abode a true and attested copy thereof.

If the owner or original contractor does not reside in such town, but has a known agent therein, the notice may be so served upon the agent, otherwise it may be served by any indifferent person, state marshal or other proper officer, by mailing a true and attested copy of the notice by registered or certified mail to the owner or original contractor at the place where such owner or the original contractor resides.

If such copy is returned unclaimed, notice to such owner or original contractor shall be given by publication.” Special care should be taken to serve every property owner, because “when there are two or more owners, or two or more original contractors, the notice shall be so served on each owner and on each original contractor.”

Is the Connecticut Preliminary Notice Requirement met when sent or delivered?

The preliminary notice is considered delivered when delivered in person. If sent through the mail, it is considered delivered when received. If sent through the mail and refused, the notice is considered delivered after publication in accordance with the Connecticut General Statutes 1-2.

Prelim FAQs on Public Projects

Do I Need to Send a Connecticut Preliminary Notice?

It depends.

Bond Claim/Contract Funds: 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. 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. If requested in the writing, the hiring party must also 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.

Claims Against State: N/A

When do I Need to Send a Connecticut Preliminary Notice?

Bond Claim/Contract Funds: The preliminary 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.

What if I Send the Connecticut Preliminary Notice Late?

Bond Claim/Contract Funds: Notice cannot be late unless given after the time has passed for suit to be initiated.

Claims Against State: N/A.

How Should the Connecticut Preliminary Notice be Sent?

Bond Claim/Contract Funds: Preliminary notice must be sent via registered or certified mail.

Claim Against State: N/A.

To Whom Must the Connecticut Preliminary Notice be Given?

Bond Claim/Contract Funds: Preliminary 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.

Claim Against State: N/A.

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Connecticut Preliminary Notice Form Template

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