# Conn. Gen. Stat. § 49-37: Sec. 49-37. Dissolution of mechanic's lien by substitution of bond. Joinder of actions on claim and bond > Connecticut · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-37 ## Section - **Citation:** Conn. Gen. Stat. § 49-37 - **Heading:** Sec. 49-37. Dissolution of mechanic's lien by substitution of bond. Joinder of actions on claim and bond - **Jurisdiction:** Connecticut - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Connecticut Code / Title 49 / Chapter 847 / Section 49-37 ## Text (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. ion 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. See Sec. 52-192 re precedence in order of trial of cases where bond is substituted for mechanic's lien. In action on bond, no recovery can be had for loss due to being prevented from completing contract. 89 C. 107. Amending complaint to show substitution of bond for lien. 96 C. 401. Cited. 144 C. 499. In an action to recover upon bond, defense that lien was invalid as a blanket lien must be specially pleaded. 147 C. 351. Cited. 168 C. 371; 169 C. 76. Principal or surety on bond which has been substituted for mechanic's lien by private agreement of parties may apply for discharge or reduction of bond. 172 C. 1. Cited. 176 C. 409; 180 C. 501. Plaintiff's rights on bond can rise no higher than those acquired under the underlying mechanic's lien. Id., 545. Cited. 183 C. 85; Id., 108. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583. Cited. 6 CA 443; 33 CA 563. When the general contractor is not in default, unless there were payments made in bad faith, the lienable fund is the amount still owed by the property owner to the general contractor at the time the property owner receives the notice of the lien pursuant to Sec. 49-34, regardless of whether it continues to make payments to the nondefaulted general contractor. 196 CA 430. Cited. 15 CS 361; 23 CS 380; 31 CS 209; 33 CS 552; 42 CS 460. Cited. 2 Conn. Cir. Ct. 622; 6 Conn. Cir. Ct. 456. Subsec. (a): Meaning of “person interested” discussed. 183 C. 108. Cited. 224 C. 563. Bond voluntarily furnished by defendant must be treated same as if bond had been furnished pursuant to court order in accordance with Subsec. 57 CA 227. Subsec. (b): Plaintiff waived requirement for defendant to show probable cause pursuant to Subdiv. (5) when plaintiff said it wasn't necessary to go through that formality. 269 C. 599. ## 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_S49-37. Check the current official text before relying on it. Not legal advice.