“Materialman’s and mechanic’s lien statutes award an interest in real property to workers who have contributed their labor, and to suppliers who have furnished material, for the improvement of real property. Since neither the labor nor the material can be reclaimed once it has become a part of the realty, this is the only method by which workmen or small businessmen who have contributed to the improvement of property may be given a remedy against a property owner who has defaulted on his promise to pay for the labor and the materials.” Connecticut v. Doehr, 501 U.S. 1, 28, 111 S.Ct. 2105, 115 L.ed.2d 1 (1991).
The most common situation is a contractor who works on a piece of property, and the landowner fails to pay. The contractor then can place a mechanic’s lien on the property, to help with collection.
One word of caution in preparing a Mechanic’s Lien Certificate. There needs to be specific language in the certificate for the Lien to be valid
Unless said liens are ‘sworn to’ by the lienor, the mechanic’s lien is
invalid. Red Rooster Construction Co. v. River Associates, 224
Conn. 563, 577-78, 620 A.2d 118 (1993)]. The written oath needs to state “I, claimant, swear that the facts contained herein are true.”
If you have any questions concerning Mechanic’s Liens, please feel free to contact
Attorney Robert M. Singer
2572 Whitney Avenue, Hamden, CT 06518
Serving New Haven County and all of Connecticut