Page 10 - State Law Summary of Mechanic's Lien Law
P. 10
Connecticut CT
What is the statutory authority?
General Statutes of Connecticut, Title 49, Chapter 847, §§ 49-33 - 49-92f
and Chapter 742B, § 42-158l.
What is the Attachment Date of the Mechanic’s Lien?
The lien attaches at the time that materials are furnished, or services rendered in
connection with the site development or subdivision of any plot of land. Ct. St. §
49-33(b). Subject to apportionment see Ct. St. § 49-36.
What constitutes visible commencement of construction?
There is no visible commencement rule in Connecticut.
What is the priority of the insured construction mortgage/
deed of trust?
The mortgage will have priority if it is recorded prior to commencement of
construction, if that is provable. Ct. St. § 49-33. If the mortgage contains: 1)
Construction mortgage language as set forth in Ct. St. § 49-3, and the advance
is made prior to the stated construction completion date; or 2) Commercial or
consumer future advance language as set forth in Ct. St. § 49-2, and the advance
does not cause the aggregate outstanding amount to exceed the maximum
amount stated in the mortgage; then the future advances come ahead of a lien
for which the start date of work or materials is after the date the mortgage was
recorded.
If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.
When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
90 days after completion of work or furnishing of materials. Ct. St. § 49-34.
What is the period of enforcement of a filed mechanic’s lien?
A mechanic’s lien expires 1 year after recording if no suit to foreclose is filed.
Ct. St. § 49-39.
Is there a procedure to bond over the mechanic’s lien(s)?
There is no procedure to bond over a lien. There is a procedure to apply for the
reduction or discharge of a mechanic’s lien which is set forth in Ct. St. § 49-35a.
Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.
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