In Connecticut a contractor or subcontractor has 90 days from the last date of work performed or materials provided in which to record a mechanic's lien If it is filed in a timely manner it relates back ab initio to said last date, and has priority over other liens filed within the 90 period. In other words it is the same as if the contractor or subcontractor recorded the lien on the last day of work performed or materials provided. It is possible for the contractor or subcontractor to file the mechanic's lien within the 90 period even if title has changed hands.
The 90 day period begins to run from the date that substantially all the work was done or materials provided. It is not extended by the contractor's or subcontractor's having performed perfunctory minor work. I was involved in a mechanic's lien foreclosure case several years ago in which the contractor had blown his 90 days, and tried to extend it out by having a soil scientist issue some opinion as to the quality of soil for building residential housing after said 90 days. The case law was against him, and he was glad to settle the case for whatever he could get.
If the lien is filed in a timely manner the contractor or subcontractor has 1 year in which to initiate a foreclosure action. If the contractor or subcontractor has filed after the 90 day period, the lien is subject to a court ordered discharge of an invalid lien.
In the closing documents there is usually an affidavit which makes inquiry as to whether the potential exists for said lien as a condition to issuance of a title insurance policy. If such lien is disclosed, it will be excluded from coverage, and the Seller will have to produce a release. If the lien is not disclosed, but was properly recorded in said 90 days after title has been conveyed, the Seller is liable for fraud and/or breach of title warranties.
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