Waterview Site Service, Inc. v. Pay Day, Inc.
2010 Conn. App. LEXIS 565
Conn. App. Ct.2010Background
- Waterview Site Services, Inc. (plaintiff) sues Pay Day, Inc. (defendant) over a disputed site on a vacant lot at 575 Asylum Street, Bridgeport.
- Plaintiff, a general contractor partial owner, performed extensive site work as part of a long-running relationship with DiNardo and DeVito, the defendant’s corporate principals.
- Plaintiff invoiced $269,868.79 for site work; defendant allegedly paid some subcontractors and disputes the basis of liability for that work.
- Plaintiff filed a mechanic’s lien on October 7, 2004 in the amount of $269,868.79 and later sued for foreclosure and unjust enrichment.
- The trial court found consent for lien purposes, awarded $224,959.24 for unjust enrichment (after subtracting $36,000 for fair rental value), and foreclosed the lien; defendant appeals and plaintiff cross-appeals to adjust the setoff.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consent to the work for mechanic’s lien | Waterview proved consent to liability under § 49-33 | No meeting of the minds; no implied contract supporting lien | Consent found; lien foreclosure affirmed |
| Timeliness of the mechanic’s lien filing | Lien timeliness should follow last date of services | Record insufficient to determine last service date | Record inadequate; timeliness cannot be reviewed on appeal |
| Unjust enrichment award amount | Plaintiff conferred value; invoices support amount | Limitations or valuation unclear; cost accounting disputed | Not clearly erroneous; substantial evidence supports $224,959.24 |
| Cross-appeal: setoff for fair rental value | No setoff pleaded; unjust enrichment should not deduct rent | Equitable setoff permitted; fair rental value should reduce recovery | Fair rental value properly deducted as an equitable offset; affirmed award net of rent |
Key Cases Cited
- St. Catherine’s Church Corp. v. Technical Planning Associates, Inc., 9 Conn. App. 682 (Conn. App. 1987) (consent required for mechanic’s lien is broader than mere knowledge)
- 36 DeForest Avenue, LLC v. Creadore, 99 Conn. App. 690 (Conn. App. 2007) (timing of filing depends on completion; exception for substantial completion)
- Shapero v. Mercede, 77 Conn. App. 497 (Conn. App. 2003) (trial court may reduce damages in quantum meruit even absent setoff pleadings)
- Data-Flow Technologies, LLC v. Harte Nissan, Inc., 111 Conn. App. 118 (Conn. App. 2008) (value of labor may be relied upon when benefits are difficult to measure)
- Gardner v. Piloto, 68 Conn. App. 448 (Conn. App. 2002) (evidence supporting unjust enrichment valuation may be accepted)
- Polverari v. Peatt, 29 Conn. App. 191 (Conn. App. 1992) (broad discretion in balancing equities for unjust enrichment)
- National CSS, Inc. v. Stamford, 195 Conn. 587 (Conn. 1985) (equitable remedies balanced against defendant’s benefit)