126 Conn. App. 18
Conn. App. Ct.2011Background
- On Oct 20, 2007, Cianci and Originalwerks entered a construction contract valued at $1,776,896 for a new house.
- Originalwerks began work, including demolition and site prep, and continued until July 15, 2008, when Cianci told them to cease work.
- Cianci hired a consultant and identified deficiencies; Paltauf, owner of Originalwerks, advised not to continue until deficiencies were discussed.
- On Sept 23, 2008, after Cianci provided a list of deficiencies, Paltauf inspected the property, removed and replaced plywood to review beams, and removed some tools.
- On Oct 15, 2008, Originalwerks recorded a mechanic's lien for $151,647 plus attorney’s fees; Cianci amended her discharge application on Nov 6, 2008.
- The court held evidentiary hearings on Dec 1 and Dec 15, 2008; in Feb 2009 the court found probable cause to sustain the lien and held the lien timely under § 49-34.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lien amount was properly determined | Cianci argues the lien amount is improper and not supported by evidence. | Originalwerks contends the lien amount reflects materials and services furnished, not profits or total contract value. | Lien amountProperly supported; clear and convincing standard not met to reduce amount. |
| Whether the lien was timely filed under § 49-34 | Cianci asserts filing >90 days after cessation of services renders lien untimely. | Originalwerks maintains Sept 23, 2008, inspection/response extended the 90-day period; filing on Oct 15, 2008 was timely. | Lien timely; Sept 23, 2008 inspection constituted lienable services extending the period. |
Key Cases Cited
- Dreambuilders Contrustion, Inc. v. Diamond, 121 Conn.App. 554 (2010) (evidentiary review of lien amount under § 49-35b)
- Weber v. Pascarella Mason Street, LLC, 103 Conn.App. 710 (2007) (expands interpretation of services under § 49-33(a))
- Nickel Mine Brook Associates v. Joseph E. Sakal, P.C., 217 Conn. 361 (1991) (scope of services and site development coverage)
- Thompson & Peck, Inc. v. Division Drywall, Inc., 241 Conn. 370 (1997) (services must be lienable and contribute to physical improvement)
- F.B. Mattson Co. v. Tarte, 247 Conn. 234 (1998) (extension doctrine and lienable services removal/installation)
- 36 DeForest Avenue, LLC v. Creadore, 99 Conn.App. 690 (2007) (ongoing project renders lien timely; lienable services identified)
- Rollar Construction & Demolition, Inc. v. Granite Rock Associates, LLC, 94 Conn.App. 125 (2006) (liberal construction of mechanic's lien remedial purpose)
- Martin Tire & Rubber Co. v. Kelly Tire & Rubber Co., 99 Conn. 396 (1923) (defer to required lienable services tied to building repair/aid)