Pittu v. Bugaj Contractors Co., LLC
343 A.3d 808
Conn. App. Ct.2025Background
- Plaintiffs (Sarah Pittu and Raul Herrera) contracted defendant Bugaj Contractors Company, LLC, to perform home renovations on property in Fairfield, CT.
- The parties agreed on a contract price of $662,050, with the plaintiffs ultimately paying $502,961.41 to the defendant and further sums to third parties.
- The defendant filed a mechanic’s lien on the property after work ceased, claiming an unpaid balance.
- Plaintiffs sought to discharge the lien, arguing it lacked probable cause and/or was excessive, as the defendant breached the contract and had not substantially performed.
- The trial court credited plaintiff's testimony that defendant abandoned the project, found for plaintiffs, and discharged the lien.
- Defendant appealed, arguing the trial court misapplied the burden of proof and that breach of contract does not preclude a lien for the value of services/materials rendered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant’s contract breach bars a lien | Breach and lack of substantial performance negate the lien’s validity | Breach does not bar a lien for reasonable value of services/materials | Breach does not automatically preclude a valid lien; case remanded for assessment of lien’s validity |
| Proper burden of proof at discharge hearing | Defendant failed to show probable cause, plaintiffs showed invalidity by clear and convincing evidence | Defendant had only to establish probable cause, not disprove breach | Burden was misapplied; defendant not required to disprove breach, just show probable cause |
| Use of contract price in calculating lien amount | Only available if there is substantial performance | Can use contract price/invoices as evidence of value of services/materials | Contract price/invoices can evidence value even absent substantial performance |
| Restitution/unjust enrichment as alternative basis | Defendant was not entitled to equitable relief | Value of services/materials provided supports alternative bases for a lien | Lien can be based on value of services/materials, not foreclosed by breach alone |
Key Cases Cited
- 36 DeForest Avenue, LLC v. Creadore, 99 Conn. App. 690 (burden of proof and standard for sustaining mechanic’s liens)
- Absolute Plumbing & Heating, LLC v. Edelman, 146 Conn. App. 383 (contractor may rely on contract price, invoices, to show value of services even without substantial performance)
- E & M Custom Homes, LLC v. Negron, 140 Conn. App. 92 (breach of contract does not foreclose lien for value of services/materials rendered)
- Pero Building Co. v. Smith, 6 Conn. App. 180 (mechanic’s lien is statutory right to value of work performed, not purely contractual right)