Patrick E. Conroy et al. v. LLC (2013)

MEMORANDUM OF DECISION

The issue in this case is whether the defendant complied with the provisions of § 49–34 of the Connecticut General Statutes, which states, in part, “A mechanic's lien is not valid unless the person performing the services or furnishing the materials (1) within ninety days after he has ceased to do so, lodges with the town clerk of the town in which the building, lot or plot of land is situated a certificate in writing which shall be recorded by the town clerk with deeds of land ․” (Emphasis added.)

The question of fact this, “when did the defendant cease to furnish materials.”   It is the defendant's claim that it ceased to furnish materials on October 18, 2012 when its employee, Kathy Gerard delivered a replacement cabinet door to the plaintiffs' home.   The door was to replace one that had a cracked glass that was received on June 20, 2013.

The delivery was arranged by the defendant with Calvin Mooney the principal of Stonebridge Builders, LLC, the building contractor for the subject addition to the plaintiffs' home.

The defendant had last delivered all materials, except the replacement door, to the premises on September 17, 2012 with an unpaid balance by Mooney, d.b.a. Stonebridge, of $65,227.61.

Mooney, a long-time customer of the defendant, had diverted the plaintiffs' payments on the building project and was unable to pay the defendant.   An agreed delay was made between Mooney and the defendant's chief executive officer, Jan Cohen to give Mooney a chance to pay the balance owed the defendant for the materials furnished.   The method agreed upon to extend the filing period was to deliver the replacement door to extend the 90–day period.

“Although the general rule is that the time period for filing a certificate of mechanic's lien commences on the last date on which services were performed or materials were furnished;  Martin Tire & Rubber Co. v. Kelly Tire & Rubber Co., 99 Conn. 396, 403, 122 A. 102 (1923);  when work has been substantially completed and the contractor unreasonably has delayed final completion, the time period for filing a certificate of mechanic's lien will be computed from the date of substantial completion.  Id. Moreover, when an unreasonable period of time has elapsed since substantial completion of the work, the performance of trivial services or the furnishing of trivial materials generally will not extend the time for filing the certificate past the date of substantial completion.”  F.B. Mattson Co. v. Tarte, 247 Conn. 234, 239 (1984).

Under the factual pattern of this case the court finds that the furnishing of the replacement door was the furnishing of a trivial item and that the 90–day period provided in § 49–34 of the General Statutes commenced September 17, 2012 and therefore defendant's lien filed on January 15, 2013 was not filed within the 90–day period provided by said statute.

For the foregoing reasons, Judgment may enter in favor of the plaintiffs and defendants' Mechanics Lien is ordered discharged.

STODOLINK, J.T.R.

Stodolink, Edward F., J.T.R.