General speaking, you cannot sue the state unless the state gives you permission. The legal concept that prevents you from being able to sue the state is known as “sovereign immunity,” and comes from the English common law where the commoners were not allowed to sue the King without his permission. The State of Connecticut has decided; however, that it is in its interest to allow itself to be sued when it enters contracts pertaining to the construction of public works projects. Conn. Gen. Stat. § 4-61 expressly provides that anyone that enters a contract with the state for the construction of a highway, bridge, building or other public work may bring an action against the state as long as it complies with the statutory requirements. One such requirement is that the contractor gives notice of its claim to the agency head within 2 years of the project’s acceptance. On December 7, 2010, the Connecticut Supreme Court released a decision that clarifies the § 4-61 notice requirements.
In C. R. Klewin Northeast, LLC v. State of Connecticut, the Supreme Court overturned a trial court decision that dismissed the contractor’s complaint because the contractor’s notice purportedly did not comply with § 4-61.