BHP LLC v. Jean Seymour et al. (2011)

MEMORANDUM OF DECISION

In this case the plaintiff in its first count seeks to foreclose a mechanic's lien on a parcel of property known as 100 Fletcher Road, Enfield, Connecticut.

The second count sounds in breach of contract for failing to pay the contract price of $26,250 for services performed by the plaintiff on said property.

The third count sounds in quantum meruit for the same amount, and the fourth count sounds in unjust enrichment.

The defendant has raised special defenses as follows:

First, that she was wholly unaware of any of the claimed work by the plaintiff.

Second, that the trust which owns said property never authorized the work done by the plaintiff.

Third, there was no contract, oral or written between the plaintiff and the trust.

Fourth, that Jennifer Seymour had no authority to contract for the work done.

Fifth, a violation of the statute of frauds (Connecticut General Statutes § 52-550).

Sixth, the work was not performed in a workmanlike manner.

Seventh, the mechanic's lien was not properly served and filed.

Factual Background

In 2003 Jean Seymour purchased the property in question as an investment.   At all relevant times Jean lived in Barkhamsted Connecticut.   She owns a school bus business there.   Arrangements were made for Jean's grown daughter, Jennifer Seymour to occupy the house in Enfield and Jennifer has lived there since December 2003.   The property consists of a house, a horse barn with twenty-seven stalls, and pasture land of about eighteen to nineteen acres.   Jennifer's business is primarily boarding horses, some horse training (she is an accredited trainer), sales and related activities.   Her business is called the RoundTuit Ranch.

Jean Seymour would visit Jennifer once or twice a month and, on rare occasions, might spend the night there.   There was never any written arrangement between Jean and Jennifer as to rent (Jennifer paid none), but Jennifer paid all the costs associated with her business.   She also took care of snow plowing and small house repairs.   Jean paid the property tax and the mortgage.   She did not participate in any way with the RoundTuit Ranch business.

In 2007, Jennifer hired the plaintiff (BHP) to stump (remove stumps of trees which had been cut) and grade about two acres of land at an agreed price of $2,450 per acre.   That work was done and Jennifer paid the bill.   In 2008 Jennifer hired BHP to stump, clear and level an additional nine acres at the same per acre price.

The bill for this work was not paid and is now the subject of the mechanic's lien.   The owner of BHP, Bruce Pollansky, assumed that Jennifer was the owner of the property.   He never saw Jean there and, given these background facts, his assumption was understandable.

A mechanic's lien is available to one who has a claim for services rendered for the improvement of a plot of land.  Ceci Bros., Inc. v. Five and Twenty-one Corp., 51 Conn.App. 773, 781 (1999);  Thompson & Peck, Inc. v. Division Drywall, Inc., 241 Conn. 370, 380 (1997).   The owner of the land upon which improvement is made, or someone having authority, must have consented to the services having been rendered.  Hall v. Peacock Fixture & Electric Co., 193 Conn. 290, 293 (1984).

The mechanic's lien statute is intended to be remedial in nature and it is to be liberally construed.  Thompson & Peck v. Division Drywall, Inc., supra at page 770.

Jean Seymour had given her daughter apparent carte blanche authority to operate the ranch as she saw fit from December 2003 to at least 2008 when this clearing work was done.   Any improvements to the property inured to Jean's benefit as the record owner.   Jennifer also acted as her mother's agent when they appeared at an Inland Wetland Agency regarding the grading, clearing and seeding project on the property.

Clearly, on that occasion, Jean represented that Jennifer could act as her agent and, further, she (Jean), was obviously aware that work was expected to be done which would enhance the property.   The Court concludes that Jean permitted Jennifer to act as the agent of the property owner.   Jennifer had the authority to do work on the property without any authorization from Jean and she had unfettered authority to act as the agent of the owner.  Lewis v. Michigan Millers Mutual Ins. Co., 154 Conn. 660, 665 (1967).

The complaint sufficiently alleges in the first count facts to substantiate an order to foreclose the mechanic's lien, and the evidence as discussed herein supports the Court's finding.

As to the second count (Breach of Contract by Jean Seymour), the plaintiff cannot recover on that count.   Simply, there was no contract between BHP and Jean Seymour, therefore in the second count judgment shall enter for the defendant.

As to the third count, which sounds in Quantum Meruit, Quantum Meruit (as well as unjust enrichment) are common-law principles of restitution.   They are methods of recovery where there is no valid contract between the parties, but where the facts call for restitution to be made to a wronged party.   Schirmer v. Souza, 126 Conn.App. 759 (2011).

Quantum Meruit is generally utilized when the benefit received by a party, where there is no contract, was the work, labor, or services of the party seeking restitution.   That is the situation in this case.   The defendant has benefitted from the work and services of BHP and BHP is entitled to restitution.

Judgment shall enter against the defendant in the amount of $26,250, which was the contract price for the work done.

In the fourth count, (Unjust Enrichment) the same reasoning applies as in the third count.   The landowner would be unjustly enriched by the improvements to her property unless restitution is granted to the plaintiff (in the amount of $26,250).

The Court finds the amount claimed by BHP is reasonable under all the facts of this case.   Jennifer Seymour's testimony that the work was unsatisfactory is not persuasive.

The matter is to be scheduled for hearing to determine the terms of foreclosure, attorneys fees and costs.

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.