Title 101: Making Sense of Title Insurance in Commercial Transactions

WHO MAY CLAIM Any person who furnishes materials or renders services in the construction, raising, removal or repairs of any building authorized by the owner of the land. Includes architects, surveyors, and engineers, but not landscaping maintenance or attorney’s work. CT GEN STAT § 49-33 DEADLINE TO PERFECT Certificate of Lien must be filed within 90 days after the materials are furnished or work is completed. Owner must be served with a copy of the Certificate of Lien within 30 days of its filing. CT GEN STAT § 49-34 BROKEN PRIORITY If Certificate of Lien timely filed, lien priority relates back to the date of commencement. “Commencement” is the beginning of work on property, but authorizing owner must hold title to or have an equitable interest in the land at the time the work commenced. Generally excludes plans prior to acquisition of title. Hillhouse v. Duca, 101 Conn. 92, 125 A. 367, 370 (Conn. 1924) New England Sav. Bank v. Meadow Lakes Realty Co., 243 Conn. 601, 622, 706 A.2d 465, 475 (1998) CT GEN STAT § 49-33 DURATION OF LIEN Lien will expire if no action commenced within 1 year after the lien has been perfected or will expire 60 days after a final disposition of an application for reduction or discharge filed under CT GEN STAT § 49-35A. CT GEN STAT § 49-39 Liens expired per CT GEN STAT § 49-39 are automatically extinguished and do not affect marketability of title. CT GEN STAT § 49-40A CONTENTS OF LIEN (1) Sworn written statement by lienor/claimant; (2) description of the property; (3) amount claimed as a lien; (4) name(s) of person against whom lien being filed; (5) date of commencement; (6) statement that amount claimed is justly due Must be served upon owner per method described in CT GEN STAT § 49-35. Substantial compliance required. First Constitution Bank v. Harbor Vill. Ltd. P’ship, 230 Conn. 807, 646 A.2d 812 (1994) CT GEN STAT § 49-34 CONNECTICUT CONNECTICUT – 509 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN

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