The Connecticut courts have often been schizophrenic in their interpretation of Connecticut mechanic’s lien law. On one hand, the courts refer to mechanic’s liens as a right created by statute and, therefore, must be strictly interpreted. On the other, the courts refer to mechanic’s liens as remedial in nature and, therefore, should be liberally construed. Based upon some recent decisions, it appears that that deadline to record and serve the mechanic’s lien is being strictly interpreted but the deadline to foreclose the lien is being liberally construed.
For a mechanic’s lien to be valid, it must be recorded within 90 days of the last day worked. The mechanic’s lien, however, will expire if not foreclosed within one year of its recording. Recently, the courts examined whether: 1.) the 30 day time limit for service was included within the 90 days for recording; and 2.) if the 30 days a marshal has to serve papers extended the one year deadline to foreclose. Based upon the language of the statutes, the decisions came out the exact opposite as you might expect.
Conn. Gen. Stat. §49-34 states that the lien must be recorded within 90 days after the last date worked and served upon the owner within 30 days of recorded the certificate.