# Conn. Gen. Stat. § 49-35: Sec. 49-35. Notice of intent. Liens of subcontractors and materialmen

> Connecticut · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35

## Section

- **Citation:** Conn. Gen. Stat. § 49-35
- **Heading:** Sec. 49-35. Notice of intent. Liens of subcontractors and materialmen
- **Jurisdiction:** Connecticut
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Connecticut Code / Title 49 / Chapter 847 / Section 49-35

## Text

(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.

Certain facts held not to amount to written assent of owner. 24 C. 320. Contractor gets no lien on land whose title never vested in his employer through latter's failure to complete his purchase contract. 43 C. 143. Mistake in firm name of lienors in body of lien, the signature being correct, does not invalidate lien; lien not invalidated by erroneously including too much land, a release of the excess of land, not sealed, witnessed or acknowledged, being recorded. 46 C. 386. Action for damages maintainable by subcontractor against owner for preventing him by false representations from filing his lien within time limited. 53 C. 561. Certain circumstances constituting party a subcontractor. 55 C. 261. Statute providing that notice of intent must be given within 60 days from the commencement of furnishing makes the time begin with the beginning of a running account. 56 C. 323. Mere knowledge by landowner that materials are being furnished not enough; 66 C. 47; nor is oral or informal notice. 84 C. 487. Lienor is estopped by the date of taking effect, as given in his lien, from proving that it took effect earlier, so as to obtain preference over a mortgage recorded before the date in the lien; what assent to contract of subcontractor requires. 71 C. 95. Notice may be given before work completed; return need not be alleged in foreclosure. 73 C. 519. Right of one to whom subcontractor sublet part of work. 76 C. 107. “Original contractor”; 80 C. 392; receiver of contractor is; 90 C. 17; also one who sells land under contract including erection of house on it; 104 C. 657; one who takes possession of land under agreement to build house is not. 74 C. 113. Purpose and effect of statutes giving lien to subcontractor. 81 C. 506; 82 C. 248. Rights of subcontractors where receiver of original contractor continues contract. 90 C. 17. Pleadings and issues where subcontractor forecloses and owner sets up defect in performance. 95 C. 339. Subcontractor has no right of lien unless original contractor had. 96 C. 225. Rights of subcontractors considered in detail. 108 C. 234. Cited. 109 C. 265. Purpose of notice by subcontractor to inform owner so that payment to contractor may be withheld. 116 C. 276. Because copies not “attested”, liens invalid. 115 C. 494. Omission of word “attested” in endorsement not fatal; nor was endorsement of “a true and attested original”. 131 C. 646. Indifferent person is an impartial, unbiased one; an employee of subcontractor claiming a lien does not qualify. 141 C. 193. Notice of intent to claim a lien is concerned with protection of the owner of the property who might not otherwise know what subcontractors the principal contractor had employed; not necessary to file notice of intent to claim a lien prior to filing for record a certificate of lien under Sec. 49-34. 147 C. 351. Cited. 161 C. 242; 168 C. 371; 169 C. 76; 172 C. 1; 177 C. 295; 180 C. 501; 181 C. 592. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583.

Cited. 27 CA 199; 37 CA 547. “Owner” as used in section means only the owner at time of service of certificate of lien because, at that time, it is only that owner who possesses adversely affected property rights, and, consequently, has right to a hearing designed to protect those rights. 99 CA 690.

Nature of “consent” discussed. 13 CS 196. Cited. 23 CS 380; 33 CS 552.

Cited. 2 Conn. Cir. Ct. 622.

Subsec. (a):
; 37 CA 547. “Owner” as used in section means only the owner at time of service of certificate of lien because, at that time, it is only that owner who possesses adversely affected property rights, and, consequently, has right to a hearing designed to protect those rights. 99 CA 690.

Nature of “consent” discussed. 13 CS 196. Cited. 23 CS 380; 33 CS 552.

Cited. 2 Conn. Cir. Ct. 622.

Subsec. (a):

Notice sent under Sec. 49-34 was sufficient to satisfy requirements of statute; both notice requirements may be satisfied by one document. 185 C. 549. Cited. 196 C. 233.

## Nearby sections

- [Conn. Gen. Stat. § 49-32a Sec. 49-32a. Federal liens.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-32a.md)
- [Conn. Gen. Stat. § 49-33 Sec. 49-33. Mechanic's lien. Precedence. Rights of subcontractors.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-33.md)
- [Conn. Gen. Stat. § 49-34 Sec. 49-34. Certificate of lien to be recorded and notice given to owner.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-34.md)
- [Conn. Gen. Stat. § 49-35 Sec. 49-35. Notice of intent. Liens of subcontractors and materialmen.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35.md)
- [Conn. Gen. Stat. § 49-35a Sec. 49-35a. Application for reduction or discharge. Forms. Hearing. Entry fee.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35a.md)
- [Conn. Gen. Stat. § 49-35b Sec. 49-35b. Burden of proof at hearing. Authority of court.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35b.md)
- [Conn. Gen. Stat. § 49-35c Sec. 49-35c. Appeal.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35c.md)
- [Conn. Gen. Stat. § 49-35d Sec. 49-35d. Validation of lien recorded prior to April 22, 1975.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35d.md)
- [Conn. Gen. Stat. § 49-36 Sec. 49-36. Liens limited; apportionment; payments to original contractor.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-36.md)
- [Conn. Gen. Stat. § 49-37 Sec. 49-37. Dissolution of mechanic's lien by substitution of bond. Joinder of actions on claim and bond.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-37.md)
- [Conn. Gen. Stat. § 49-37a Sec. 49-37a. Lien validated when bond substituted prior to April 22, 1975.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-37a.md)
- [Conn. Gen. Stat. § 49-38 Sec. 49-38. Lien on railroad for services or materials in construction.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-38.md)
- [Conn. Gen. Stat. § 49-39 Sec. 49-39. Time limitation of mechanic's lien. Action to foreclose privileged.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-39.md)
- [Conn. Gen. Stat. § 49-40a Sec. 49-40a. Mechanic's liens expired by limitation of time.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-40a.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35. Check the current official text before relying on it. Not legal advice.
