DISCLAIMER:
Tradition Software, Inc. makes no warrant, express or implied
for the use of this website. In no event shall Tradition Software,
Inc. be liable to anyone for any problem, claim or loss arising
out of the use of MechLien.com ® or TraditionSoftware.com
® . Tradition Software, Inc. is not engaged in practicing
law nor does Tradition Software, Inc. provide legal advice.
Revised to 1997
TITLE 49 MORTGAGES AND LIENS
CHAPTER 847 LIENS
Sec. 49-32 Liens in Favor of the United States [Repealed]
Sec. 49-32a Federal Liens
Sec. 49-33 Mechanic’s Lien
Sec. 49-34 Certificate of Lien to be Recorded and Notice Given
to Owner
Sec. 49-35 Notice of Intent
Sec. 49-35a Application for Reduction or Discharge
Sec. 49-35b Burden of Proof at Hearing
Sec. 49-35c Appeal
Sec. 49-35d Validation of Lien Recorded Prior to April 22,
1975
Sec. 49-36 Liens Limited; Apportionment; Payments to Original
Contractor
Sec. 49-37 Dissolution of Mechanic’s Lien by Substitution
of Bond
Sec. 49-37a Lien Validated When Bond Substituted Prior to
April 22, 1975
Sec. 49-38 Lien on Railroad for Services or Materials in Construction
Sec. 49-39 Time Limitation of Mechanic’s Lien
Sec. 49-40 Record of Discharge of Mechanic’s and Judgment
Liens [Repealed]
Sec. 49-40a Mechanic’s Liens Expired by Limitation of
Time
Sec. 49-40b Transferred to Chapter 906, Sec. 52-380c
Sec. 49-41 Public Structures
Sec. 49-41a Enforcement of Payment by General Contractor to
Subcontractor and by Subcontractor to His Subcontractors
Sec. 49-41b Release of Payments on Public Works Construction
Projects
Sec. 49-41c State Contractor to Make Payment to Subcontractor
Within Thirty Days
Sec. 49-42 Enforcement of Right to Payment on Bond
Sec. 49-43 Certified Copies of Bonds and Contracts for Public
Works
Secs. 49-44 to 49-46 Recording of Judgment Lien; When It Holds
from Attachment [Repealed]
Sec. 49-46a Transferred to Chapter 906, Sec. 52-380d
Sec. 49-47 Transferred to Chapter 906, Sec. 52-380h
Sec. 49-47a Form of Mechanic’s Lien Foreclosure Certificates
Sec. 49-48 Transferred to Chapter 906, Sec. 52-380i
Sec. 49-49 When Insolvency Proceedings Set Aside Lien [Repealed]
Sec. 49-50 Transferred to Chapter 906, Sec. 52-380f
Sec. 49-51 Discharge of Invalid Lien
Sec. 49-52 Pendency of Action to Foreclose Lien on Personalty
not to be Notice
Sec. 49-53 Duty of Officer Serving Process in Such Action
Sec. 49-54 Transferred to Chapter 906, Sec. 52-380b
Sec. 49-58 Lien Not to Exceed Contract Price
Sec. 49-59 Discharge of Liens
Sec. 49-61 Release of Artificer’s Lien on Substitution
of Bond
Sec. 49-62 Form of Application
Sec. 49-63 Notice of Application
Sec. 49-64 Form of Bond
Sec. 49-65 Dissolution of Lien to be Recorded
Sec. 49-66 Pleadings May be Amended
Sec. 49-67 Limitation of Action on Bond
Sec. 49-86 Bond in Lieu of Attachment
Sec. 49-87 Certificate of Dissolution of Bond, Filing
Sec. 49-88 Duration of Lien
Sec. 49-89 When Judgment Lien to Date Back to Notice
Sec. 49-90 Certificate of Withdrawal of Suit or Nonsuit to
be Issued by Court Clerk
Sec. 49-91 Certificate of Removal of Lien
Sec. 49-92 Other Lien Rights Not Affected [Repealed]
Sec. 49-92a Purchaser’s Lien
Sec. 49-92b Dissolution on Substitution of Bond
Sec. 49-92c Limitation of Lien
Sec. 49-92d Record of Discharge
Sec. 49-92e Action to Claim Discharge
Sec. 49-92f Certificate of Removal of Lien
GENERAL
STATUTES OF CONNECTICUT
Revised to 1997
TITLE 49 MORTGAGES AND LIENS
CHAPTER 847 LIENS
Sec. 49-32 Liens in Favor of the United States
Sec. 49-32 is repealed.
Sec. 49-32a Federal Liens
(a) (1) Notices of liens upon real property for taxes payable
to the United States and notices of liens upon real property
for costs and damages payable to the United States, and certificates
and notices affecting such liens shall be filed in the office
of the clerk of the town in which the real property subject
to a federal tax lien or other federal lien is situated.
(2) Notices of liens upon personal property, whether tangible
or intangible, for taxes payable to the United States and
for costs and damages payable to the United States and certificates
and notices affecting such liens shall be filed in the office
of the Secretary of the State in accordance with subsection
(1) of section 42a-9-403.
(b) Certification by the Secretary of the Treasury of the
United States or his delegate of notices of liens, certificates
or other notices affecting tax liens or other federal liens
entitles them to be filed and no other attestation, certification
or acknowledgment is necessary.
(c) (1) If a notice of federal tax lien or other federal lien,
a refiling of a notice of tax lien or other federal lien or
a notice of revocation of any certificate described in subdivision
(2) is presented to the filing officer and
(A) he is the Secretary of the State, he shall cause the notice
to be marked, held and indexed in accordance with the provisions
of subsection (4) of section 42a-9-403, as if the notice were
a financing statement within the meaning of that section;
or
(B) he is a town clerk, he shall endorse thereon his identification
and the date and time of receipt and forthwith record it in
accordance with section 42a-9-409.
(2) If a certificate of release, nonattachment, discharge
or subordination of any tax lien or other federal lien is
presented to the Secretary of the State for filing he shall
(A) cause a certificate of release or nonattachment to be
marked, held and indexed as if the certificate were a termination
statement within the meaning of the Uniform Commercial Code,
and
(B) cause a certificate of discharge or subordination to be
held, marked and indexed as if the certificate were a release
of collateral within the meaning of the Uniform Commercial
Code.
(3) If a refiled notice of federal tax lien or other federal
lien referred to in subdivision (1) or any of the certificates
or notices referred to in subsection (b) is presented for
filing with any other filing officer specified in subsection
(a), he shall record it in accordance with subsection (2)
of section 42a-9-409 if the original was recorded or, if the
original was filed, permanently attach the refiled notice
or the certificate to the original notice of lien and enter
the refiled notice or the certificate with the date of filing
in any alphabetical federal tax lien index or other federal
lien index on the line where the original notice of lien is
entered.
(4) Upon request of any person, the filing officer shall issue
his certificate showing whether there is on file, on the date
and hour stated therein, any notice of federal tax lien or
other federal lien or certificate or notice affecting the
lien, filed on or after July 1, 1967, naming a particular
person, and if a notice or certificate is on file, giving
the date and hour of filing of each notice or certificate.
The fee for such a certificate and for a copy of any notice
of federal tax lien or other federal lien or notice or certificate
affecting a federal tax lien or other federal lien shall be
computed in accordance with subsection (2) of section 42a-9-407.
(d) Except as provided by subsection (5) of section 42a-9-403,
the fee for filing and indexing each notice of lien or certificate
or notice affecting the tax lien or other federal lien is:
(1) For a tax lien or other federal lien on real estate, as
provided in section 7-34a; (2) for a tax lien on tangible
and intangible personal property, three dollars; (3) for all
other notices, including a certificate of release, discharge,
subordination or nonattachment, one dollar.
Sec. 49-33 Mechanic’s Lien
Precedence. Rights of subcontractors.
(a) If any person has a claim for more than ten dollars for
materials furnished or services rendered in the construction,
raising, removal or repairs of any building or any of its
appurtenances or in the improvement of any lot or in the site
development or subdivision of any plot of land, and the claim
is by virtue of an agreement with or by consent of the owner
of the land upon which the building is being erected or has
been erected or has been moved, or by consent of the owner
of the lot being improved or by consent of the owner of the
plot of land being improved or subdivided, or of some person
having authority from or rightfully acting for the owner in
procuring the labor or materials, the building, with the land
on which it stands or the lot or in the event that the materials
were furnished or services were rendered in the site development
or subdivision of any plot of land, then the plot of land,
is subject to the payment of the claim.
(b) The claim is a lien on the land, building and appurtenances
or lot or in the event that the materials were furnished or
services were rendered in the site development or subdivision
of any plot of land, then on the plot of land and the claim
takes precedence over any other encumbrance originating after
the commencement of the services, or the furnishing of any
such materials, subject to apportionment as provided in section
49-36.
(c) If any such liens exist in favor of two or more persons
for materials furnished or services rendered in connection
with the same construction, raising, removal or repairs of
any building or any of its appurtenances, or in the improvement
of any lot, or in the site development or subdivision of any
plot of land, no one of those persons shall have any priority
over another except as hereinafter provided.
(d) If any instrument constituting a valid encumbrance upon
such land other than a mechanic’s lien is filed for
record while the building is being constructed, raised, removed
or repaired, or the lot is being improved, or the plot of
land is being improved or subdivided, all such mechanic’s
liens originating prior to the filing of that instrument for
record take precedence over that encumbrance and no such mechanic’s
lien shall have priority over any other such mechanic’s
lien. That encumbrance and all such mechanic’s liens
shall take precedence over any mechanic’s lien which
originates for materials furnished or services rendered after
the filing of that instrument for record, but no one of the
mechanic’s liens originating after the filing of that
instrument for record has precedence over another. If any
lienor waives or releases his lien or claim of precedence
to any such encumbrance, that lien shall be classed with and
have no priority over liens originating subsequent to that
encumbrance.
(e) A mechanic’s lien shall not attach to any such building
or its appurtenances or to the land on which the same stands
or to any lot or to any plot of land, in favor of any subcontractor
to a greater extent in the whole than the amount which the
owner has agreed to pay to any person through whom the subcontractor
claims subject to the provisions of section 49-36.
(f) Any such subcontractor shall be subrogated to the rights
of the person through whom the subcontractor claims, except
that the subcontractor shall have a mechanic’s lien
or right to claim a mechanic’s lien in the event of
any default by that person subject to the provisions of sections
49-34, 49-35 and 49-36, provided the total of such lien or
liens shall not attach to any building or its appurtenances,
or to the land on which the same stands or to any lot or to
any plot of land, to a greater amount in the whole than the
amount by which the contract price between the owner and the
person through whom the subcontractor claims exceeds the reasonable
cost, either estimated or actual, as the case may be, of satisfactory
completion of the contract plus any damages resulting from
such default for which that person might be held liable to
the owner and all bona fide payments, as defined in section
49-36, made by the owner before receiving notice of such lien
or liens.
(g) In the case of the removal of any building, no such mechanic’s
lien shall take precedence over any encumbrance upon the land
to which such building has been removed which accrued before
the building was removed upon the land.
(h) Any mechanic’s lien may be foreclosed in the same
manner as a mortgage.
Sec. 49-34 Certificate of Lien to be
Recorded and Notice Given to Owner
A mechanic’s lien is not valid, unless the person performing
the services or furnishing the materials,
(1) within ninety days after he has ceased to do so, lodges
with the town clerk of the town in which the building, lot
or plot of land is situated a certificate in writing, which
shall be recorded by the town clerk with deeds of land,
(A) describing the premises, the amount claimed as a lien
thereon, the name or names of the person against whom the
lien is being filed and the date of the commencement of the
performance of services or furnishing of materials,
(B) stating that the amount claimed is justly due, as nearly
as the same can be ascertained, and
(C) subscribed and sworn to by the claimant, and
(2) within the same time, or prior to the lodging of the certificate
but not later than thirty days after lodging the certificate,
serves a true and attested copy of the certificate upon the
owner of the building, lot or plot of land in the same manner
as is provided for the service of the notice in section 49-35.
Sec. 49-35 Notice of Intent
Liens of subcontractors and materialmen.
(a) No person other than the original contractor for the construction,
raising, removal or repairing of the building, or the development
of any lot, or the site development or subdivision of any
plot of land or a subcontractor whose contract with the original
contractor is in writing and has been assented to in writing
by the other party to the original contract, is entitled to
claim any such mechanic’s lien, unless, after commencing,
and not later than ninety days after ceasing, to furnish materials
or render services for such construction, raising, removal
or repairing, he gives written notice to the owner of the
building, lot or plot of land and to the original contractor
that he has furnished or commenced to furnish materials, or
rendered or commenced to render services, and intends to claim
a lien therefore on the building, lot or plot of land; provided
an original contractor shall not be entitled to such notice,
unless, not later than fifteen days after commencing the construction,
raising, removal or repairing of the building, or the development
of any lot, or the site development or subdivision of any
plot of land, such original contractor lodges with the town
clerk of the town in which the building, lot or plot of land
is situated an affidavit in writing, which shall be recorded
by the town clerk with deeds of land,
(1) stating the name under which such original contractor
conducts business,
(2) stating his business address and
(3) describing the building, lot or plot of land. The right
of any person to claim a lien under this section shall not
be affected by the failure of such affidavit to conform to
the requirements of this section. 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, sheriff or other proper officer,
by leaving with such owner or original contractor or at his
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, sheriff 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
he resides. If such copy is returned unclaimed, notice to
such owner or original contractor shall be given by publication
in accordance with the provisions of section 1-2. 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. The notice, with the return of the person who
served it endorsed thereon, shall be returned to the original
maker of the notice within said period of ninety days.
(b) No subcontractor, without a written contract complying
with the provisions of this section, and no person who furnishes
material or renders services by virtue of a contract with
the original contractor or with any subcontractor, may be
required to obtain an agreement with, or the consent of, the
owner of the land, as provided in section 49-33, to enable
him to claim a lien under this section.
Sec. 49-35a Application for Reduction
or Discharge
Forms. Hearing. Entry fee.
(a) Whenever one or more mechanics’ liens are placed
upon any real estate pursuant to sections 49-33, 49-34, 49-35
and 49-38, the owner of the real estate, if no action to foreclose
the lien is then pending before any court, may make application,
together with a proposed order and summons, to the superior
court for the judicial district in which the lien may be foreclosed
under the provisions of section 51-345, or to any judge thereof,
that a hearing or hearings be held to determine whether the
lien or liens should be discharged or reduced. The court or
judge shall thereupon order reasonable notice of the application
to be given to the lienor or lienors named therein and, if
the application is not made by all owners of the real estate
as may appear of record, shall order reasonable notice of
the application to be given to all other such owners, and
shall set a date or dates for the hearing or hearings to be
held thereon. If the lienor or lienors or any owner entitled
to notice is not a resident of this state, the notice shall
be given by personal service, registered or certified mail,
publication or such other method as the court or judge shall
direct. At least four days notice shall be given to the lienor,
lienors or owners entitled to notice prior to the date of
the hearing.
(b) The application, order and summons shall be substantially
in the following form:
APPLICATION FOR DISCHARGE OR REDUCTION OF MECHANIC’S
LIEN
To the ____ Court of ____________ The undersigned represents:
1. That ____________ is the owner of the real estate described
in Schedule A attached hereto.
2. That the names and addresses of all other owners of record
of such real estate are as follows:
3. That on or about __________, (date) ____, (name of lienor)
of ____ (address of lienor) placed a mechanic’s lien
on such real estate and gave notice thereof.
4. That there is not probable cause to sustain the validity
of such lien (or: That such lien is excessive).
5. That the applicant seeks an order for discharge (or reduction)
of such lien. Name of Applicant By __ His Attorney ORDER The
above application having been presented to the court, it is
hereby ordered, that a hearing be held thereon at __ a.m.
and that the applicant give notice to the following persons:
(Names and addresses of persons entitled to notice) of the
pendency of said application and of the time when it will
be heard by causing a true and attested copy of the application,
and of this order to be served upon such persons by some proper
officer or indifferent person on or before ___ and that due
return of such notice be made to this court. Dated at __ this
__ day of __ 19__ SUMMONS To the sheriff of the county of
___, his deputy, or either constable of the town of ___, in
said county, Greeting: By authority of the state of Connecticut,
you are hereby commanded to serve a true and attested copy
of the above application and order upon ___, of ___ by leaving
the same in his hands or at his usual place of abode (or such
other notice as ordered by the court) on or before ___ Hereof
fail not but due service and return make. Dated at ___ this
__ day of ___ 19__ Commissioner of the Superior Court
(1) The clerk upon receipt of all the documents in duplicate,
if he finds them to be in proper form, shall fix a date for
a hearing on the application and sign the order of hearing
and notice. An entry fee of twenty dollars shall then be collected
and a copy of the original document shall be placed in the
court file.
(2) The clerk shall deliver to the applicant’s attorney
the original of the documents for service. Service having
been made, the original documents shall be returned to the
court with the endorsement by the officer of his doings.
(c) If an action for foreclosure of the lien is pending before
any court, any party to that action may at any time prior
to trial, unless an application under subsection (a) of this
section has previously been ruled upon, move that the lien
be discharged or reduced.
(d) No more than one application under subsection (a) hereof
or motion under subsection (c) hereof shall be ruled upon
with respect to any single mechanic’s lien, except that
the foregoing shall not preclude an application or motion
by a person not given notice of the prior application or not
a party to the action at the time the prior motion was ruled
upon.
Sec. 49-35b Burden of Proof at Hearing
Authority of court.
(a) Upon the hearing held on the application or motion set
forth in section 49-35a, the lienor shall first be required
to establish that there is probable cause to sustain the validity
of his lien. Any person entitled to notice under section 49-35a
may appear, be heard and prove by clear and convincing evidence
that the validity of the lien should not be sustained or the
amount of the lien claimed is excessive and should be reduced.
(b) Upon consideration of the facts before it, the court or
judge may:
(1) Deny the application or motion if probable cause to sustain
the validity of the lien is established; or
(2) order the lien discharged if
(A) probable cause to sustain its validity is not established,
or
(B) by clear and convincing evidence its invalidity is established;
or
(3) reduce the amount of the lien if the amount is found to
be excessive by clear and convincing evidence; or
(4) order the lien discharged or reduce the amount of the
lien conditioned upon the posting of a bond, with surety,
in a sum deemed sufficient by the judge to indemnify the lienor
for any damage which may occur by the discharge or the reduction
of amount.
Sec. 49-35c Appeal
(a) Any order entered as provided in subsection (b) of section
49-35b shall be deemed a final judgment for the purpose of
appeal.
(b) No appeal may be taken from the order except within seven
days thereof. The effect of the order shall be automatically
stayed for the seven-day period. If an appeal is taken within
the seven-day period, the party taking the appeal may, within
that period, file an application with the clerk of the court
in which the order was issued, requesting a stay of the effect
of the order pending the appeal, which application shall set
forth the reasons for the request. A copy of the application
shall be sent to each other party by the applicant. Upon the
filing of the application, the effect of the order shall be
further stayed until a decision is rendered thereon. A hearing
on the application shall be held promptly. The order shall
be stayed if the party taking the appeal posts a bond, as
provided in subsection (c) of this section.
(c) Upon the hearing on the application, the court shall:
(1) Upon motion of the party taking the appeal, set a bond
with surety for the stay of the order as provided in subsection
(b) of this section, in an amount which the court deems sufficient
to indemnify the adverse party for any damages which may result
from the stay. If the party taking the appeal gives that bond
the order shall be stayed; or
(2) grant the stay; or
(3) deny the stay; or
(4) condition the granting of the stay upon the giving of
such a bond.
(d) Any order of discharge or reduction or any order of any
such stay shall take effect upon recording of a certified
copy thereof in the office of the town clerk in which such
lien was originally recorded. The clerk of the court in which
any such order is issued shall not deliver any certified copies
thereof until the time for taking an appeal has elapsed or,
if an appeal is taken and an application for a stay of the
order is filed, until such time as a decision granting or
denying the stay has been rendered.
Sec. 49-35d Validation of Lien Recorded
Prior to April 22, 1975
(a) Any person who prior to April 22, 1975, placed a mechanic’s
lien upon any real estate pursuant to sections 49-33, 49-34,
49-35 and 49-38, which was not released or discharged on such
date, may validate such lien by filing a new certificate of
mechanic’s lien and serving a true and attested copy
thereof pursuant to the provisions of section 49-34, and,
if applicable, by serving the notice required by section 49-35,
within ninety days from June 25, 1975, and such mechanic’s
lien shall be deemed to have originated as of the effective
date of the original mechanic’s lien so validated, provided,
such validation shall not affect the interest of any person
acquiring an interest in such real estate as an owner or mortgagee
from April 22, 1975, through June 25, 1975, inclusive. Such
validation shall not affect the interest of any person to
whom such validation would be in violation of the constitution
of the United States or the constitution of the state of Connecticut,
but in such event such lien shall have no less validity than
if the lienor had commenced the rendering of services or the
furnishing of materials on June 25, 1975. Any such lien not
validated pursuant to this section shall be invalid and discharged
as a matter of law.
(b) Any person who would have been entitled under the terms
of sections 49-33, 49-34, 49-35 and 49-38, to claim a mechanic’s
lien between April 22, 1975, and June 25, 1975, inclusive,
but had not done so, may file a certificate of such lien and
serve a true and attested copy thereof as required by section
49-34 and, if applicable, serve the notice required by section
49-35, within the time provided by section 49-34, or within
ninety days of June 25, 1975, whichever period is longer.
For purposes of determining when such person’s mechanic’s
lien took effect, such person shall be deemed to have commenced
the rendering of services or the furnishing of materials as
of June 25, 1975, but for purposes of determining the amount
of such lien such person shall be deemed to have commenced
the rendering of services or the furnishing of materials as
of the actual date of such commencement.
(c) Any person who between April 22, 1975 and June 25, 1975,
inclusive, placed a mechanic’s lien upon any real estate
pursuant to sections 49-33, 49-34 and 49-38, which was not
released or discharged on June 25, 1975, may file a new certificate
of such lien and serve a true and attested copy thereof pursuant
to the provisions of section 49-34, and, if applicable, may
serve the notice required by section 49-35, within ninety
days of June 25, 1975. For purposes of determining when such
person’s mechanic’s lien took effect, such person
shall be deemed to have commenced the rendering of services
or the furnishing of materials as of June 25, 1975, but for
purposes of determining the amount of such lien such person
shall be deemed to have commenced the rendering of services
or the furnishing of materials as of the actual date of such
commencement.
Sec. 49-36 Liens Limited; Apportionment; Payments to Original
Contractor
(a) No mechanic’s lien may attach to any building or
its appurtenances, or to the land on which the same stands,
or any lot, or any plot of land, in favor of any person, to
a greater amount in the whole than the price which the owner
agreed to pay for the building and its appurtenances or the
development of any such lot, or the development of any such
plot of land.
(b) When there are several claimants and the amount of their
united claims exceeds that price, the claimants, other than
the original contractor, shall be first paid in full, if the
amount of that price is sufficient for that purpose; but,
if not, it shall be apportioned among the claimants having
the liens, other than the original contractor, in proportion
to the amount of the debts due them respectively; and the
court having jurisdiction thereof, on application of any person
interested, may direct the manner in which the claims shall
be paid.
(c) In determining the amount to which any lien or liens may
attach upon any land or building, or lot or plot of land,
the owner of the land or building or lot or plot of land shall
be allowed whatever payments he has made, in good faith, to
the original contractor or contractors, before receiving notice
of the lien or liens. No payments made in advance of the time
stipulated in the original contract may be considered as made
in good faith, unless notice of intention to make the payment
has been given in writing to each person known to have furnished
materials or rendered services at least five days before the
payment is made.
Sec. 49-37 Dissolution of Mechanic’s
Lien by Substitution of Bond
Joinder of actions on claim and bond.
(a) Whenever any mechanic’s lien has been placed upon
any real estate pursuant to sections 49-33, 49-34 and 49-35,
the owner of that real estate, or any person interested in
it, may make an application to any judge of the Superior Court
that the lien be dissolved upon the substitution of a bond
with surety, and the judge shall order reasonable notice to
be given to the lienor of the application. If the lienor is
not a resident of the state, the judge may order notice to
be given by publication, registered or certified letter or
personal service. If the judge is satisfied that the applicant
in good faith intends to contest the lien, he shall, if the
applicant offers a bond, with sufficient surety, conditioned
to pay to the lienor or his assigns such amount as a court
of competent jurisdiction may adjudge to have been secured
by the lien, with interest and costs, order the lien to be
dissolved and such bond substituted for the lien and shall
return the application, notice, order and bond to the clerk
of the superior court for the judicial district wherein the
lien is recorded; and, if the applicant, within ten days from
such return, causes a copy of the order, certified by the
clerk, to be recorded in the town clerk’s office where
the lien is recorded, the lien shall be dissolved. Whenever
a bond is substituted for any lien after an action for the
foreclosure of a lien has been commenced, the plaintiff in
the foreclosure may amend his complaint, without costs, so
as to make the action one upon the bond with which the plaintiff
may join an action to recover upon his claim. Whenever a bond
is substituted for any lien before an action for the foreclosure
of the lien has been commenced, the plaintiff may join the
action upon the bond with an action to recover upon his claim.
Whenever a bond has been substituted for any lien, pursuant
to this section, unless an action is brought to recover upon
the bond within one year from the date of recording the certificate
of lien, the bond shall be void.
(b) Whenever a bond has been substituted for any lien pursuant
to this section:
(1) The principal or surety on the bond, if no action to recover
on the bond is then pending before any court, may make application,
together with a proposed order and summons, to the superior
court for the judicial district in which the action may be
brought, or to any judge of the court, that a hearing be held
to determine whether the lien for which the bond was substituted
should be declared invalid or reduced in amount. The court
or judge shall thereupon order reasonable notice of the application
to be given to the obligee on the bond and, if the application
is not made by all principals or sureties on the bond, shall
order reasonable notice of the application to be given to
all other such principals and sureties, and shall set a date
for the hearing to be held thereon. If the obligee or any
principal or surety entitled to notice is not a resident of
this state, the notice shall be given by personal service,
registered or certified mail, publication or such other method
as the court or judge shall direct. At least four days notice
shall be given to the obligee, principal and surety entitled
to notice prior to the date of the hearing.
(2) The application, order and summons shall be substantially
in the form established by subsection (b) of section 49-35a,
adapted accordingly. The provisions of subdivisions (1) and
(2) of subsection (b) of section 49-35a, shall apply.
(3) If an action on the bond is pending before any court,
any party to that action may at any time prior to trial, unless
an application under subdivision (1) of this subsection has
previously been ruled upon, move that the lien for which the
bond was substituted be declared invalid or reduced in amount.
(4) No more than one application or motion under subdivision
(1) or (3) of this subsection may be ruled upon with respect
to any single mechanic’s lien, except that the foregoing
does not preclude an application or motion by a person not
given notice of the prior application or not a party to the
action at the time the prior motion was ruled upon. Nothing
in this subdivision shall be construed as permitting a surety
on a bond to bring an application for discharge or reduction,
if the validity of the lien has previously been ruled upon
pursuant to section 49-35a.
(5) Upon the hearing held on the application or motion set
forth in this subsection, the obligee on the bond shall first
be required to establish that there is probable cause to sustain
the validity of the lien. Any person entitled to notice under
subdivision (1) of this section may appear, be heard and prove
by clear and convincing evidence that the validity of the
lien should not be sustained or that the amount of the lien
claimed is excessive and should be reduced. Upon consideration
of the facts before it, the court or judge may:
(A) Deny the application or motion if probable cause to sustain
the validity of the lien is established; or
(B) order that the bond is void if
(i) probable cause to sustain the validity of the lien is
not established, or
(ii) by clear and convincing evidence, the invalidity of the
lien is established; or
(C) order the amount of the bond reduced if the amount of
the lien is found to be excessive by clear and convincing
evidence.
(6) Any order entered upon an application set forth in subdivision
(1) of this subsection shall be deemed a final judgment for
the purpose of appeal.
Sec. 49-37a Lien Validated When Bond
Substituted Prior to April 22, 1975
Whenever prior to April 22, 1975, a bond has been substituted
for any lien pursuant to section 49-37, which bond was in
effect on said date, the obligee on such bond may validate
the lien for which the bond was substituted by serving, by
registered or certified mail, upon the principal and surety
on such bond a copy of the certificate of mechanic’s
lien which was originally filed, within ninety days of June
25, 1975. Any such lien not validated pursuant to this section
shall be deemed to have been invalid and discharged as a matter
of law.
Sec. 49-38 Lien on Railroad for Services
or Materials in Construction
If any person has a claim for materials furnished or services
rendered for the construction of any railroad, or any of its
appurtenances, under any contract with or approved by the
corporation owning or managing it, the railroad shall, with
its real estate, right-of-way, material, equipment, rolling
stock and franchises, be subject to the payment of that claim;
and that claim shall be a lien on the railroad, railroad property
and franchises, and the lien shall be asserted, perfected
and foreclosed in all respects in accordance with the provisions
of sections 49-34 to 49-37, inclusive, except that the certificates
of the lien and of its discharge shall be filed in the office
of the Secretary of the State, who shall record them in a
book kept for that purpose.
Sec. 49-39 Time Limitation of Mechanic’s
Lien
Action to foreclose privileged. A mechanic’s lien shall
not continue in force for a longer period than one year after
the lien has been perfected, unless the party claiming the
lien commences an action to foreclose it, by complaint, cross-complaint
or counterclaim, and records a notice of lis pendens in evidence
thereof on the land records of the town in which the lien
is recorded within one year from the date the lien was recorded
or within sixty days of any final disposition of an appeal
taken in accordance with section 49-35c, whichever is later.
Each such lien, after the expiration of the one-year period
or sixty-day period, as the case may be, without action commenced
and notice thereof filed as aforesaid, shall be invalid and
discharged as a matter of law. An action to foreclose a mechanic’s
lien shall be privileged in respect to assignment for trial.
With respect to any such lien which was validated in accordance
with the provisions of section 49-37a, the one-year period
or sixty-day period, as the case may be, shall toll from the
date of the validation.
Sec. 49-40 Record of Discharge of Mechanic’s
and Judgment Liens
Sec. 49-40 is repealed.
Sec. 49-40a Mechanic’s Liens Expired by Limitation of
Time
Any mechanic’s lien which has expired because of failure
to comply with the time limitations of section 49-39 is automatically
extinguished and the continued existence of the lien unreleased
of record in no way affects the record owner’s title
nor the marketability of the same.
Sec. 49-40b Transferred to Chapter
906, Sec. 52-380c
Sec. 49-41 Public Structures
Bonds for protection of employees and materialmen.
(a) Each contract exceeding twenty-five thousand dollars in
amount for the construction, alteration or repair of any public
building or public work of the state or of any subdivision
thereof shall include a provision that the person to perform
the contract shall furnish to the state or the subdivision
on or before the award date, a bond in the amount of the contract
which shall be binding upon the award of the contract to that
person, with a surety or sureties satisfactory to the officer
awarding the contract, for the protection of persons supplying
labor or materials in the prosecution of the work provided
for in the contract for the use of each such person, provided
no such bond shall be required to be furnished
(1) in relation to any general bid in which the total estimated
cost of labor and materials under the contract with respect
to which such general bid is submitted is less than twenty-five
thousand dollars,
(2) in relation to any sub-bid in which the total estimated
cost of labor and materials under the contract with respect
to which such sub-bid is submitted is less than fifty thousand
dollars, or
(3) in relation to any general bid or sub-bid submitted by
a consultant, as defined in section 4b-55. Any such bond furnished
shall have as principal the name of the person awarded the
contract.
(b) Nothing in this section or sections 49-41a to 49-43, inclusive,
shall be construed to limit the authority of any contracting
officer to require a performance bond or other security in
addition to the bond herein referred to, except that no such
officer shall require a performance bond in relation to any
general bid in which the total estimated cost of labor and
materials under the contract with respect to which such general
bid is submitted is less than twenty-five thousand dollars
or in relation to any sub-bid in which the total estimated
cost of labor and materials under the contract with respect
to which such sub-bid is submitted is less than fifty thousand
dollars.
Sec. 49-41a Enforcement of Payment
by General Contractor to Subcontractor and by Subcontractor
to His Subcontractors
(a) When any public work is awarded by a contract for which
a payment bond is required by section 49-41, the contract
for the public work shall contain the following provisions:
(1) A requirement that the general contractor, within thirty
days after payment to the contractor by the state or a municipality,
pay any amounts due any subcontractor, whether for labor performed
or materials furnished, when the labor or materials have been
included in a requisition submitted by the contractor and
paid by the state or a municipality;
(2) a requirement that the general contractor shall include
in each of its subcontracts a provision requiring each subcontractor
to pay any amounts due any of its subcontractors, whether
for labor performed or materials furnished, within thirty
days after such subcontractor receives a payment from the
general contractor which encompasses labor or materials furnished
by such subcontractor.
(b) If payment is not made by the general contractor or any
of its subcontractors in accordance with such requirements,
the subcontractor shall set forth his claim against the general
contractor and the subcontractor of a subcontractor shall
set forth its claim against the subcontractor through notice
by registered or certified mail. Ten days after the receipt
of that notice, the general contractor shall be liable to
its subcontractor, and the subcontractor shall be liable to
its subcontractor, for interest on the amount due and owing
at the rate of one per cent per month. In addition, the general
contractor, upon written demand of its subcontractor, or the
subcontractor, upon written demand of its subcontractor, shall
be required to place funds in the amount of the claim, plus
interest of one per cent, in an interest-bearing escrow account
in a bank in this state, provided the general contractor or
subcontractor may refuse to place the funds in escrow on the
grounds that the subcontractor has not substantially performed
the work according to the terms of his or its employment.
In the event that such general contractor or subcontractor
refuses to place such funds in escrow, and the party making
a claim against it under this section is found to have substantially
performed its work in accordance with the terms of its employment
in any arbitration or litigation to determine the validity
of such claim, then such general contractor or subcontractor
shall pay the attorney’s fees of such party.
(c) No payment may be withheld from a subcontractor for work
performed because of a dispute between the general contractor
and another contractor or subcontractor. (d) This section
shall not be construed to prohibit progress payments prior
to final payment of the contract and is applicable to all
subcontractors for material or labor whether they have contracted
directly with the general contractor or with some other subcontractor
on the work.
Sec.
49-41b Release of Payments on Public Works Construction Projects
When any public work is awarded by a contract for which a
payment bond is required by section 49-41 and such contract
contains a provision requiring the general or prime contractor
under such contract to furnish a performance bond in the full
amount of the contract price, the following shall apply:
(1) In the case of a contract advertised by the state Department
of Public Works between July 1, 1996, and June 30, 1999, inclusive,
(A) the department shall not withhold more than ten per cent
from any periodic or final payment which is otherwise properly
due to the general or prime contractor under the terms of
such contract and
(B) any such general or prime contractor shall not withhold
from any subcontractor more than (i) ten per cent from any
periodic or final payment which is otherwise due to the subcontractor
or (ii) the amount withheld by the department from such general
or prime contractor under subparagraph (A) of this subdivision,
whichever is less. Notwithstanding the provisions of this
subdivision (1), the Commissioner of Public Works shall establish
an early release program with respect to periodic payments
by general or prime contractors to subcontractors.
(2) In the case of a contract advertised by the state Department
of Public Works on or after July 1, 1999, or in any case in
which the awarding authority is any other state agency,
(A) the awarding authority shall not withhold more than two
and one-half per cent from any periodic or final payment which
is otherwise properly due to the general or prime contractor
under the terms of such contract, and
(B) any such general or prime contractor shall not withhold
more than two and one-half per cent from any periodic or final
payment which is otherwise due to any subcontractor.
(3) If the awarding authority is a municipality, (A) it shall
not withhold more than five per cent from any periodic or
final payment which is otherwise properly due to the general
or prime contractor under the terms of such contract, and
(B) any such general or prime contractor shall not withhold
more than five per cent from any periodic or final payment
which is otherwise due to any subcontractor.
Sec. 49-41c State Contractor to Make
Payment to Subcontractor Within Thirty Days
Any person contracting with the state shall make payment to
any subcontractor employed by such contractor within thirty
days of payment by the state to the contractor for any work
performed or, in the case of any contract entered into on
or after October 1, 1986, for materials furnished by such
subcontractor, provided such contractor may withhold such
payment if such contractor has a bona fide reason for such
withholding and if such contractor notifies the affected subcontractor,
in writing, of his reasons for withholding such payment and
provides the state board, commission, department, office,
institution, council or other agency through which such contractor
had made the contract, with a copy of the notice, within such
thirty-day period.
Sec. 49-42 Enforcement of Right to
Payment on Bond
Suit on bond, procedure and judgment.
(a) Any person who performed work or supplied materials for
which a requisition was submitted to, or for which an estimate
was prepared by, the awarding authority and who does not receive
full payment for such work or materials within sixty days
of the applicable payment date provided for in subsection
(a) of section 49-41a, or any person who supplied materials
or performed subcontracting work not included on a requisition
or estimate who has not received full payment for such materials
or work within sixty days after the date such materials were
supplied or such work was performed, may enforce his right
to payment under the bond by serving a notice of claim on
the surety that issued the bond and a copy of such notice
to the contractor named as principal in the bond within one
hundred eighty days of the applicable payment date provided
for in subsection (a) of section 49-41a, or, in the case of
a person supplying materials or performing subcontracting
work not included on a requisition or estimate, within one
hundred eighty days after the date such materials were supplied
or such work was performed. The notice of claim shall state
with substantial accuracy the amount claimed and the name
of the party for whom the work was performed or to whom the
materials were supplied, and shall provide a detailed description
of the bonded project for which the work or materials were
provided. If the content of a notice prepared in accordance
with subsection (b) of section 49-41a complies with the requirements
of this section, a copy of such notice, served within one
hundred eighty days of the payment date provided for in subsection
(a) of section 49-41a upon the surety that issued the bond
and upon the contractor named as principal in the bond, shall
satisfy the notice requirements of this section. Within ninety
days after service of the notice of claim, the surety shall
make payment under the bond and satisfy the claim, or any
portion of the claim which is not subject to a good faith
dispute, and shall serve a notice on the claimant denying
liability for any unpaid portion of the claim. The notices
required under this section shall be served by registered
or certified mail, postage prepaid in envelopes addressed
to any office at which the surety, principal or claimant conducts his business, or in any manner in which civil process may
be served. If the surety denies liability on the claim, or
any portion thereof, the claimant may bring action upon the
payment bond in the Superior Court for such sums and prosecute
the action to final execution and judgment. An action to recover
on a payment bond under this section shall be privileged with
respect to assignment for trial. The court shall not consolidate
for trial any action brought under this section with any other
action brought on the same bond unless the court finds that
a substantial portion of the evidence to be adduced, other
than the fact that the claims sought to be consolidated arise
under the same general contract, is common to such actions and that consolidation will not result in excessive delays
to any claimant whose action was instituted at a time significantly
prior to the motion to consolidate. In any such proceeding,
the court judgment shall award the prevailing party the costs
for bringing such proceeding and allow interest at the rate
of interest specified in the labor or materials contract under
which the claim arises or, if no such interest rate is specified,
at the rate of interest as provided in section 37-3a upon
the amount recovered, computed from the date of service of
the notice of claim, provided, for any portion of the claim
which the court finds was due and payable after the date of
service of the notice of claim, such interest shall be computed
from the date such portion became due and payable. The court
judgment may award reasonable attorneys fees to either party
if upon reviewing the entire record, it appears that either
the original claim, the surety’s denial of liability,
or the defense interposed to the claim is without substantial
basis in fact or law. Any person having direct contractual
relationship with a subcontractor but no contractual relationship
express or implied with the contractor furnishing the payment
bond shall have a right of action upon the payment bond upon
giving written notice of claim as provided in this section.
(b) Every suit instituted under this section shall be brought
in the name of the person suing, in the superior court for
the judicial district where the contract was to be performed,
irrespective of the amount in controversy in the suit, but
no such suit may be commenced after the expiration of one
year after the applicable payment date provided for in subsection
(a) of section 49-41a, or, in the case of a person supplying
materials or performing subcontracting work not included on
a requisition or estimate, no such suit may be commenced after
the expiration of one year after the date such materials were
supplied or such work was performed. (c) The word “material”
as used in sections 49-41 to 49-43, inclusive, includes the
rental of equipment used in the prosecution of work provided
for in the contract.
Sec. 49-43 Certified Copies of Bonds
and Contracts for Public Works
Each agency of the state or of any subdivision thereof, in
charge of the construction, alteration or repair of any public
building or public work of the state or of any subdivision
thereof, shall furnish, to any person making application therefore
who submits an affidavit that he has supplied labor or materials
for the work and payment therefore has not been made or that
he is being sued on the bond, a copy of the bond and the contract
for which it was given, certified by the administrative head
of the agency, which copy shall be prima facie evidence of
the contents, execution and delivery of the original. Applicants
shall pay for those certified copies such fees as are provided
in section 1-15.
Secs. 49-44 to 49-46 Recording of Judgment
Lien; When it Holds from Attachment
Lien only on land liable to execution at date of judgment.
Owner of judgment may file lien; foreclosure, limitation of
time, notice of lis pendens. Sections 49-44 to 49-46, inclusive,
are repealed.
Sec. 49-46a Transferred to Chapter
906, Sec. 52-380d
Sec. 49-47 Transferred to Chapter 906, Sec. 52-380h
Sec. 49-47a Form of Mechanic’s Lien Foreclosure Certificates
Certificates of foreclosure of mechanic’s liens shall
be, as far as possible, of the same form as is prescribed
for certificates of foreclosure of mortgages.
Sec. 49-48 Transferred to Chapter 906,
Sec. 52-380i
Sec. 49-49 When Insolvency Proceedings Set Aside Lien
Section 49-49 is repealed.
Sec. 49-50 Transferred to Chapter 906, Sec. 52-380f
Sec. 49-51 Discharge of Invalid Lien
(a) Any person having an interest in any real or personal
property described in any certificate of lien, which lien
is invalid but not discharged of record, may give written
notice to the lienor sent to him at his last-known address
by registered mail or by certified mail, postage prepaid,
return receipt requested, to discharge the lien. Upon receipt
of such notice, the lienor shall discharge the lien by sending
a release sufficient under section 52-380d, by first class
mail, postage prepaid, to the person requesting the discharge.
If the lien is not discharged within thirty days of the notice,
that person may apply to the Superior Court for such a discharge,
and the court may adjudge the validity or invalidity of the
lien and may award the plaintiff damages for the failure of
the defendant to make discharge upon request. If the court
is of the opinion that such certificate of lien was filed
without just cause, it may allow, in its discretion, damages
to any person aggrieved by such failure to discharge, at the
rate of one hundred dollars for each week after the expiration
of such thirty days, but not exceeding in the whole the sum
of five thousand dollars or an amount equal to the loss sustained
by such aggrieved person as a result of such failure to discharge
the lien, which loss shall include, but not be limited to,
a reasonable attorney’s fee, whichever is greater.
(b) When a lien on real property is adjudged invalid or is
otherwise discharged by the court, a certified copy of the
judgment of invalidity or discharge recorded on the land records
of the town where the certificate of lien was filed fully
discharges the lien. If such a discharged or invalid lien
is a lien filed on personal property pursuant to section 52-355a,
a release of lien in the form prescribed by subsection (c)
of section 52-380d, certified to by a clerk of the Superior
Court, with reference to and the date of the court order of
discharge or invalidity, fully discharges the lien on filing
with the Secretary of the State.
Sec. 49-52 Pendency of Action to Foreclose
Lien on Personalty Not to be Notice
The pendency of an action for the foreclosure of any lien,
other than a chattel mortgage, upon any personal estate is
not notice of that action to any person who acquires an interest
in that estate during the pendency of the action, unless the
officer serving the process and complaint in the action leaves
a true and attested copy of the process and complaint at the
office of the town clerk of the town in which the lien is
recorded at least twelve days before the return day of the
process. A judgment or decree of foreclosure obtained in that
action, upon any process and complaint of which a copy is
not so left at the town clerk’s office, does not affect
the rights of any person acquiring an interest in the estate
during the pendency of the action.
Sec. 49-53 Duty of Officer Serving
Process in Such Action
Record by town clerk.
(a) The officer serving the process and complaint in an action
for the foreclosure of any lien, other than a chattel mortgage,
upon any personal estate shall leave a true and attested copy
of the process and complaint at the town clerk’s office
at least twelve days before the return day of the process,
for which he shall be allowed the same fees as for other copies,
and the fees shall be taxed with the other fees in the cause.
(b) The town clerk at whose office any such copy is left shall
keep the same on file for the inspection of all persons having
any interest in the estate therein described. The town clerk
shall endorse on all such copies the date of their reception,
and shall plainly number them as they are received, consecutively.
He shall also keep a book in which he shall index the copies,
referring to their numbers, under the plaintiff’s name
as grantee and the defendant’s name as grantor.
Sec. 49-54 Transferred to Chapter 906,
Sec. 52-380b
Sec. 49-58 Lien Not to Exceed Contract Price
A vessel or its appurtenances shall not be subject to vessel
liens for a greater amount in the whole than the price agreed
to be paid for the vessel or its repairs.
Sec. 49-59 Discharge of Liens
Penalty for failure to discharge. Each person who has lodged
for record a certificate claiming a lien on any property,
under the provisions of this chapter, shall, after receiving
satisfaction of his claim or after the rendition of a final
judgment against him showing that nothing is due thereon,
within ten days after being requested in writing to do so
by any person interested in having the lien removed, sign
and lodge, in the office in which his original certificate
was filed for record, a certificate that such lien is removed,
which, when recorded, shall discharge such lien. If he fails
to comply with such request, he shall pay to the party aggrieved
such sum, not exceeding half the amount claimed by his lien,
as the court having cognizance of the action brought therefore
may determine.
Sec. 49-61 Release of Artificer’s
Lien on Substitution of Bond
Lien on motor vehicle; notice to commissioner. Sale.
(a) The owner of any personal property which is held by one
who claims to be a bailee for hire of that personal property
and to have a lien in consequence thereof, or anyone having
a legal or equitable interest in that property, may apply
in writing to any judge of the Superior Court, within whose
jurisdiction that personal property is held or the lienor
resides, to dissolve the lien upon the substitution of a bond
with surety.
(b) If the property is a motor vehicle and if no application
that the lien be dissolved upon such substitution of a bond
is made within thirty days of the date of the completion of
the work upon the property by the bailor for hire, the bailee
shall send a written notice to the Commissioner of Motor Vehicles,
stating the engine number and chassis number thereof, the
date the motor vehicle was left with him, the date the work
was completed, the amount for which a lien is claimed, the
registration thereof if any number plates are on the motor
vehicle and the name of the owner or person who authorized
the work to be done, and shall enclose a fee of five dollars.
Such notice shall be placed on file by the Commissioner of
Motor Vehicles and be open to public inspection. If the motor
vehicle is subject to a security interest, the commissioner
shall send the bailee the name and address of any lienholder
as recorded on the certificate of title. Any sale under the
provisions hereinafter stated shall be void unless the notice
required in this section has been given to said commissioner,
if the property is a motor vehicle.
(c) If no application for such dissolution of the lien has
been made by the bailor for hire within three months from
the date of completion of the work upon the property, or if
the property has not been replevied, the bailee may sell the
property at public auction for cash at his place of business
and apply the proceeds of the sale, first toward the payment
of the debt or obligation owing to him and second toward the
payment of any balance due on any conditional bill of sale
held on the property.
(d) The sale shall be advertised, in a newspaper published
or having a circulation in the town where the bailee’s
place of business is situated, three times, commencing at
least ten days before the sale and, if the last usual place
of abode of the bailor is known to or may reasonably be ascertained
by the bailee, notice of the time and place of sale shall
be given by mailing the notice to him in a registered or certified
letter, postage prepaid, at least ten days before the time
of the sale, and similar notice shall be given to any officer
who has placed an attachment on the property and, if the property
is a motor vehicle, any lienholder.
(e) The proceeds of such sale, after the payment of the amount
owing to the bailee and all expense connected with the sale
and of any balance due on any conditional bill of sale, shall
be paid to any officer who has placed an attachment on the
property and be held by that officer in the same manner as
though such moneys had been originally attached. If there
has been no attachment, the balance shall be paid to the owner
of the property or his legal representatives, if called for
or claimed by him or them at any time within one year from
the date of the sale, and, if the balance is not claimed or
called for as aforesaid within said period, it shall escheat
to the state.
Sec. 49-62 Form of Application
The application described in section 49-61 may be in the following
form: “To ____, a Judge of the Superior Court for the
judicial district of ____: The application of C.D. of the
Town (or City) of .____ in the County of ____, and judicial
district of ____, shows that he is the owner (or sets forth
other legal or equitable interest) of the following personal
property, viz.: Such personal property is now held by A.B.
of the Town (or City) of ____, in the County of ____, and
judicial district of ____________ under a claim of lien for
storage of such personal property, (or for care, cartage,
freight, work and material, etc., as the case may be), and
that he is desirous that such lien be dissolved upon the substitution
of a bond, with surety, according to the statute. Dated at
____ the ____ day of .____ 19__. C.D. (or C.D. by X, his attorney).”
Sec. 49-63 Notice of Application
Hearing. No such lien may be dissolved until reasonable notice
of the application, in writing, signed by the applicant or
his attorney, has been served upon the lienor or left at his
usual place of abode or such other reasonable notice as the
judge may order has been given. Any person interested may
be heard in relation to the amount and sufficiency of the
bond offered by the applicant. The bond shall be in amount
not less than the amount claimed by the lienor, unless it
appears to the authority to whom the application is made that
the amount so claimed is excessive, in which event he may
order the bond to be in such amount as he deems reasonable.
Sec.
49-64 Form of Bond
Such bond shall be taken to the lienor, and shall be substantially
in the following form: “Know all men by these presents:
That we, C. D. of ____, as principal, and ____ of ____, as
surety, are holden and firmly bound, jointly and severally,
unto A. B. of ____, in the penal sum of ____ dollars, to which
payment well and truly to be made, we hereby bind ourselves,
our heirs, executors and administrators, firmly by these presents.
The Condition of this obligation is such that whereas certain
personal property, viz.: ____, in which said C. D. has an
interest as owner (or otherwise, as the case may be) is now
held by said A. B. under claim of lien for storage (or otherwise,
as the case may be) to the amount of ____. dollars: Now, Therefore,
if said C. D. shall pay or cause to be paid any judgment that
may be rendered against him by any court of competent jurisdiction
not exceeding the amount of ___. dollars (the amount claimed
under the lien), with interest and costs, or in default of
such payment shall pay or cause to be paid to the officer
having the execution issued on such judgment, on demand, the
actual value at the date hereof of such personal property,
not exempt from such lien, not exceeding said amount of ___.
dollars, then this bond shall be void, but otherwise in full
force and effect. Dated at ___. this ____ day of ____, 19__
___________ Seal. ___________ Seal.”
Sec.
49-65 Dissolution of Lien to be Recorded
The authority dissolving the lien shall certify such dissolution
upon the application, and forthwith return the application,
notice, order and bond to the clerk of the superior court
for the judicial district wherein such personal property is
held under such lien, or wherein such lienor resides.
Sec.
49-66 Pleadings May Be Amended
In any case in which a bond is substituted for a lien after
an action for the collection of the lienor’s charges
has been commenced, the plaintiff in such action may amend
his pleadings, without costs, so as to make the action one
upon such bond.
Sec.
49-67 Limitation of Action on Bond
Any bond substituted for a lien under the provisions of sections
49-61 to 49-66, inclusive, shall be void unless an action
is brought to recover thereon within one year from the date
of such bond.
Sec.
49-86 Bond in Lieu of Attachment
Notice of lien. Whenever a bond has been accepted in lieu
of an attachment or in lieu of a previously accepted or ordered
attachment bond, a notice of lien in favor of the attaching
creditor and against the surety on the bond may be filed in
the office of the town clerk of the town in which the real
estate of the surety is situated, which notice of lien shall
describe the land of the surety with reasonable certainty,
and shall specify the date, amount and condition of the bond
and the names of all parties, plaintiff and defendant, the
court to which the action is returnable and the return day,
in the action for which the bond is given. Such notice of
lien, from the time of filing, shall constitute a lien upon
the real estate described in such notice. Whenever a court
or judge has power to order a bond in lieu of attachment,
such court or judge may order a bond in lieu of a previously
ordered or accepted attachment bond.
Sec. 49-87 Certificate of Dissolution
of Bond, Filing
Upon dissolution of the surety bond, the surety may file with
the town clerk where the real estate is situated a certificate
of such dissolution signed by the plaintiff of record or by
his attorney of record or by the authority making the attachment
for which the bond was substituted.
Sec. 49-88 Duration of Lien
A lien on real estate arising under the provisions of section
49-86 shall not continue in force as a lien for a longer period
than fifteen years after the date thereof unless within said
period an action on the bond in connection with which the
notice of lien was filed has been prosecuted to effect and
a judgment lien against the surety filed according to law.
All liens on real estate which have expired under the provisions
of this section shall be deemed dissolved and the real estate
shall be free from any lien or encumbrance by reason of the
same and the town clerk of the town in which the real estate
is situated shall, upon the request of any person interested,
endorse on the record of the notice of lien the words “discharged
by operation of law”.
Sec. 49-89 When Judgment Lien to Date
Back to Notice
If a judgment lien is placed upon real estate described in
a notice of lien filed pursuant to the provisions of section
49-86 within four months after the judgment was rendered against
the surety, it shall hold from the date of the notice of lien,
provided the action on the bond was commenced within one year
from the date of judgment in the action in connection with
which the bond was substituted, and provided further the judgment
lien contains a clause referring to and identifying the notice
of lien.
Sec.
49-90 Certificate of Withdrawal of Suit or Nonsuit to be Issued
by Court Clerk
If any lien arising under the provisions of section 49-86
has been made and the plaintiff has withdrawn his suit or
has been nonsuited or final judgment has been rendered against
him, or if such suit has not been returned, or if for any
reason such lien has become of no effect, the clerk of the
court to which such suit has been made returnable shall, upon
the request of any person interested, issue a certificate
in accordance with the facts, which certificate may be filed
in the office of the town clerk, and such town clerk shall
note on the margin of the record where such lien is recorded.
Sec. 49-91 Certificate of Removal of Lien
In any proceeding wherein a lien has been filed pursuant to
the provisions of section 49-86, if the plaintiff therein
has received satisfaction for his claim, or final judgment
has been rendered against him thereon, or when for any reason
the lien has become of no effect, the plaintiff or his attorney,
at the request of any person interested in the estate liened
or in having the lien removed, shall lodge a certificate with
the town clerk that the lien is removed. Each such certificate
shall be recorded at length in a book kept for that purpose
by the clerk as a part of the land records of the town wherein
the property affected by the release is located or wherein
the notice of lien was filed.
Sec. 49-92 Other Lien Rights Not Affected
Compliance with other statutes. Section 49-92 is repealed.
Sec. 49-92a Purchaser’s Lien
Precedence. Foreclosure. A purchaser’s lien is created
for the amount of the deposit paid pursuant to and stated
in a contract for the conveyance of land by the recording
of that contract in the records of the town in which the land
is situated, provided the contract is executed by the owner
and by the vendee of the land, witnessed and acknowledged
in the same manner as required for a deed for the conveyance
of land, and describes the particular land to which it refers.
That purchaser’s lien shall be prior to any other liens
and encumbrances originating after the contract is recorded.
A purchaser’s lien may be foreclosed in the same manner
as a mortgage. Transfer of title of the land to the vendee
constitutes a release and discharge of the lien.
Sec. 49-92b Dissolution on Substitution
of Bond
Joinder of actions on claim and bond.
(a) Whenever any purchaser’s lien has been placed upon
any real estate pursuant to section 49-92a, the owner of the
real estate, or any person interested in the real estate,
may make an application to any judge of the Superior Court
that the lien be dissolved upon the substitution of a bond
with surety, and the judge shall order reasonable notice to
be given to the lienor of the application. If the lienor is
not a resident of the state, the judge may order notice to
be given by publication, registered or certified mail or personal
service.
(b) If the judge is satisfied that the applicant in good faith
intends to contest the lien, he shall, if the applicant offers
a bond, with sufficient surety, conditioned to pay to the
lienor or his assigns such amount as the judge may adjudge
to have been secured by the lien, with interest and costs,
order the lien to be dissolved and the bond substituted therefore
and shall return the application, notice, order and bond to
the clerk of the superior court for the judicial district
wherein the lien is recorded. If the applicant, within ten
days from the return, causes a copy of the order, certified
by the clerk, to be recorded in the town clerk’s office
where the lien is recorded, the lien shall be dissolved.
(c) Whenever a bond is substituted for any lien after an action
for the foreclosure of a lien has been commenced, the plaintiff
in that foreclosure may amend his complaint, without costs,
so as to make the action one upon the bond with which the
plaintiff may join an action to recover upon his claim.
(d) Whenever a bond is substituted for any lien before an
action for the foreclosure of the lien has been commenced,
the plaintiff may join the action upon the bond with an action
to recover upon his claim.
(e) Whenever a bond has been substituted for any lien, pursuant
to this section, unless an action is brought to recover upon
such bond within two years from the date of recording the
certificate of lien, such bond shall be void.
Sec. 49-92c Limitation of Lien
No purchaser’s lien shall continue in force for a longer
period than two years after such lien has been perfected,
unless the party claiming such lien, within said period, commences
an action to foreclose the same and proceeds therewith to
final judgment. Each such lien, after the expiration of two
years without action commenced, shall be discharged of record
by the person claiming the same, upon the request of the owner
of the property upon which the lien has been claimed.
Sec. 49-92d Record of Discharge
The town clerk of the town in which the purchaser’s
lien is filed shall, upon request of any person having an
interest in the real estate covered by that lien, cause to
be entered upon the land records a notation that the lien
and, if applicable, the lis pendens or notice of foreclosure,
is discharged by operation of law, provided the purchaser’s
lien has expired by a provision of the statute of limitations,
and (1) no lis pendens or notice of foreclosure of the lien
has been filed with that town clerk, or (2) if a lis pendens
or notice of foreclosure has been so filed or recorded and
a certificate, issued by the clerk of the court to which the
notice referred after the return day of the foreclosure action
and indicating that no such foreclosure action remains pending
and that no judgment has been entered in the action in that
court, has been filed for record with the town clerk.
Sec. 49-92e Action to Claim Discharge
Any person, having an interest in any real estate described
in any recorded contract of sale creating a purchaser’s
lien which is invalid but not discharged of record, may give
written notice to the lienor to discharge the lien in the
office where recorded. If the request is not complied with
in ten days, that person may bring his complaint to the court
which would have jurisdiction of the foreclosure of the lien,
if valid, claiming such discharge of the lien, and the court
may adjudge the validity or invalidity of the lien and may
award the plaintiff damages for the failure of the defendant
to make discharge upon request. A certified copy of the judgment
of invalidity, recorded on the land records of the town where
such certificate of lien was filed, fully discharges the lien.
Sec.
49-92f Certificate of Removal of Lien
Each person who has lodged for record a contract of sale claiming
a lien on any property under the provisions of sections 49-92a
to 49-92f, inclusive, shall, after receiving satisfaction
of his claim or after the rendition of a final judgment against
him showing that nothing is due thereon, within ten days after
being requested in writing to do so by any person interested
in having the lien removed, sign and lodge, in the office
in which his original contract of sale was filed for record,
a certificate that such lien is removed, which, when recorded,
shall discharge such lien. If he fails to comply with such
request, he shall pay to the party aggrieved such sum, not
exceeding half the amount claimed by his lien, as the court
having cognizance of the action brought therefore may determine. |
