Conn. Gen. Stat. § 49-39

Current with legislation from 2024 effective through June 4, 2024.
Section 49-39 - Time limitation of mechanic's lien. Action to foreclose privileged

A mechanic's lien shall not continue in force for a longer period than one year after the lien has been perfected, unless the party claiming the lien commences an action to foreclose it, by complaint, cross-complaint or counterclaim, and records a notice of lis pendens in evidence thereof on the land records of the town in which the lien is recorded within one year from the date the lien was recorded or within sixty days of any final disposition of an application made pursuant to section 49-35a, including any appeal taken with respect thereto in accordance with section 49-35c, whichever is later. Each such lien, after the expiration of the one-year period or sixty-day period, as the case may be, without action commenced and notice thereof filed as aforesaid, shall be invalid and discharged as a matter of law. An action to foreclose a mechanic's lien shall be privileged in respect to assignment for trial. With respect to any such lien which was validated in accordance with the provisions of section 49-37a, the one-year period or sixty-day period, as the case may be, shall toll from the date of the validation.

Conn. Gen. Stat. § 49-39

(1949 Rev., S. 7223; February, 1965, P.A. 193; 1969, P.A. 732; P.A. 73-506; P.A. 74-128; P.A. 75-418, S. 3, 10; P.A. 76-290, S. 2, 6; P.A. 78-112; P.A. 79-602, S. 95; P.A. 16-194, S. 4.)

Amended by P.A. 16-0194, S. 4 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.

Necessity of serving cross complaint on all parties. 101 C. 664. Action must be commenced within 2-year limit; reaching this point by demurrer. Id., 665. Does not apply retroactively as amended in 1965. 161 C. 191. Cited. 164 C. 546. Time provisions of section are limitations on the right to enforce a lien and are not a statute of limitations which must be pleaded by defendant. 166 C. 255. Cited. 169 Conn. 76; 176 Conn. 409; 180 Conn. 501; 181 Conn. 592. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 Conn. 583. Cited. 210 C. 175; 224 Conn. 563. Cited. 10 Conn.App. 45; 26 CA 426; 31 Conn.App. 15; judgment reversed, see 230 Conn. 807. Under statute prior to 1965 amendment, mechanic's lienor made a party defendant in action to foreclose a mortgage on liened property within 2 years of perfecting lien, held lienor need not institute his own action to foreclose but his claim was transferred to proceeds of first judicial sale. 20 Conn.Supp. 460. History discussed; action on lien must be commenced within 2 years, but reduction to final judgment is not limited to that period. 23 CS 329. Cited. Id., 380; 33 Conn.Supp. 552. Filing of lis pendens notice within 1 year is not condition precedent to right of foreclosure and does not go to jurisdiction of court; actual notice to defendant satisfies requirement; purpose is to avoid harshness of common law rule that every man deemed attentive to pending litigation. 34 CS 84. Cited. 42 Conn.Supp. 460. Cited. 2 Conn. Cir. Ct. 622.

See Sec. 52-192 re precedence in order of trial.