Connecticut Superior Court Clarifies Mechanic?s Lien Statute Regarding Time Limit For Filing Of Lien
The following situation comes up more often then you think.
A contractor performs services. Several months later, a homeowner notices a defect and calls the contractor to repair the work that was done months ago. The contractor comes out and performs the work and there’s a billing dispute.
Under Connecticut law, a contractor must file a mechanic’s lien within 90 days of the last day he performed work on the job site or the contractor loses his lien rights.
In Cianci v. Original Works, LLC., Judge Shaban held that any services performed at the property owner’s request, even trivial services, restarts the 90 day time limit for filing a lien.
Prior to this holding, this issue was one of some debate between contractor’s and homeowners.
What does this mean?
I don’t think it means much. It’s always been my interpretation of the statute that this is the law. Of course, my interpretation doesn’t make for law and a judge’s opinion does. In my opinion, this is nothing more than a clarification of existing rights.
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