.svg)
Whether you鈥檙e a general contractor (GC), subcontractor, or property owner, understanding Connecticut lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party鈥檚 right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.聽
Understanding these nuanced requirements is important for subcontractors to maintain compliance, prevent payment disputes, and protect their financial interests. So grab your hard hat, and let鈥檚 dive into the world of Connecticut lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
Lien waivers in Connecticut are largely unregulated when it comes to the format and content. Since parties can draft whatever they want in Connecticut lien waivers and the corresponding contract, it鈥檚 important to review each clause carefully and request the removal of anything that dismisses your lien rights. While it can take some time, you鈥檒l be glad you did it later.
Here鈥檚 what you need to know when handling lien waivers in Connecticut:
- Contractual provisions that attempt to nullify lien rights before work starts (advance lien waivers) are prohibited here, along with waiving lien rights before payment. That being said, under a mortgage or other special interest is allowed when handled via contract.聽
- While both unconditional and conditional lien waivers are allowed in Connecticut, unconditional lien waivers exchanged before payment can later be deemed void in the eyes of the Connecticut court system if that payment doesn鈥檛 come through. Make sure you supply either a conditional lien waiver with a progress pay app or an unconditional lien waiver after you鈥檝e been paid.
Connecticut does not mandate a specific or statutory form for lien waivers.
Both conditional and unconditional lien waivers are accepted in Connecticut.
Notarization is not required for Connecticut lien waivers (unless the client requests it).
To be considered valid in Connecticut, a lien waiver must:聽
- be in writing聽
- be signed by the waiving party
- clearly state the amount being waived and the property to which it applies
- be exchanged after work has been performed and payment has been granted
Connecticut prohibits waiving lien rights within the contract. (This doesn鈥檛 include the of a lien to a mortgage or security interest.)
Connecticut lien rights cannot be waived prior to payment鈥攈owever, they can be to a mortgage or security interest by contract.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers鈥攊ndividually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
No, Connecticut does not require a specific or statutory lien waiver form. That鈥檚 why it鈥檚 important to thoroughly review the lien waiver and its corresponding contract and ensure all project-specific requirements are represented.
Connecticut lien waivers aren鈥檛 governed by specific, statutory requirements. A lien waiver聽in this state is valid when it:
- Clearly states the amount being waived and the property to which it applies, and
- Is signed by the party waiving their lien rights.
To be considered valid, Connecticut lien waivers must also be exchanged after work has聽been completed and payment has been received.
explicitly states that lien rights can only be waived after work has been performed and services have been paid for. This means advance lien waivers, or lien waivers exchanged before the start of a project, are out of the question.
Both unconditional and conditional lien waivers are allowed in Connecticut. They can be submitted at specific payment milestones or at the end of the project. Conditional lien waivers are exchanged with payment applications, and don鈥檛 go into effect until payment is received. Meanwhile, unconditional lien waivers are binding as soon as they are signed, whether or not payment is granted.聽
To protect your lien rights in Connecticut:
- provide a conditional lien waiver with a progress pay app, and
- supply an unconditional lien waiver after you鈥檝e been paid.聽
This will ensure your lien rights are only waived if you鈥檙e compensated fairly. Since unconditional lien waivers are binding upon signing, your lien waiver might be deemed void if payment never comes through.
If you鈥檙e deciding which lien waiver subset(s) to use and when, check out this comprehensive guide.
Project-specific lien waiver provisions can be added to the contract, but any clauses that attempt to waive lien rights are .
Connecticut puts guardrails in place to protect subcontractors from payment delays or issues by stating that lien rights cannot be waived before work is performed and paid for.聽
With that being said, if your team uses an unconditional lien waiver, but you鈥檙e not paid for the work, the waiver might be rendered in court. Therefore, unconditional lien waivers should only be signed after you鈥檝e been paid to protect your lien rights.
In case of a dispute, start by carefully reviewing the lien waiver and contract. If your dispute cannot be resolved directly, consider consulting with a construction law attorney who is familiar with Connecticut lien laws.
To learn about the requirements and regulations for handling lien waivers in Connecticut, start by reviewing the following resources:
- (covers mechanic鈥檚 liens)
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients鈥攚ithout ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who鈥檚 received the form, who鈥檚 opened it, and who has (or hasn鈥檛) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.