F. B. Mattson Co. v. Tarte

719 A.2d 1158, 247 Conn. 234, 1998 Conn. LEXIS 431
Supreme Court of Connecticut·Decided December 1, 1998·No. SC 15857·Published·Cited by 24 cases

Opinion

Opinion

CALLAHAN, C. J.

This certified appeal arises from an action brought by the plaintiff, F. B. Mattson Company, Inc., to foreclose a mechanic’s lien on property located at 161 Hillside Avenue in the city of Waterbury (property). The named defendant, Conrad Tarte, is the current owner of the property. The two other defendants are Commercial Investments International, Inc. (Commercial Investments), the previous owner of the property, and Great Western Bank, the holder of a mortgage on the property.

[236]*236The following facts are relevant to this appeal. In the spring of 1995, the plaintiff, a licensed general contractor, entered into a written agreement with Commercial Investments, then the owner of the property, for renovation of the property on a time and materials basis. Located in a historic district, the property includes a mansion and carriage house that were constructed in the late 1880s. The principal work to be performed under the contract was the replacement of the mansion’s deteriorated copper roof.

The renovations began in April, 1995, and were substantially completed on October 3, 1995. By that time, Commercial Investments had fallen behind in payments due the plaintiff under the contract. On October 10, 1995, the plaintiff stopped work on the property but left scaffolding and roofing brackets in place. On that same date, Commercial Investments transferred ownership of the property to Tarte, the president and one-third owner of Commercial Investments.

Tarte subsequently requested that the plaintiff remove the scaffolding and roofing brackets from the property. The plaintiff returned to the premises on November 10,1995, and two of its employees, a carpenter and an apprentice carpenter, worked all day removing the scaffolding and roofing brackets. Thereafter, the plaintiff performed no further work on the property.

On January 25, 1996, the plaintiff recorded a certificate of mechanic’s hen against the property at 161 Hillside Avenue. The certificate, which claimed a balance due of $83,723.29, stated that the plaintiff had ceased furnishing services and materials to the property on November 10, 1995.

The plaintiff subsequently filed the present action seeking to foreclose its mechanic’s hen. The trial court rendered judgment in favor of the plaintiff, and the defendants appealed from the trial court’s judgment to [237]*237the Appellate Court. The Appellate Court concluded that, as a matter of law, the plaintiff had ceased work on October 3, 1995, the date of substantial completion and, consequently, that the plaintiff had failed to satisfy the requirement under General Statutes § 49-341 that a mechanic’s lien certificate be filed within ninety days of cessation of work. Accordingly, the Appellate Court reversed the trial court’s judgment. See F. B. Mattson Co. v. Tarte, 47 Conn. App. 265, 704 A.2d 813 (1997).

Thereafter, the plaintiff filed a petition for certification to appeal from the judgment of the Appellate Court to this court. We granted certification limited to the following question: “Did the Appellate Court properly conclude that the plaintiffs mechanic’s lien was untimely filed?” F. B. Mattson Co. v. Tarte, 243 Conn. 966, 707 A.2d 1265 (1998). We answer the certified question in the negative and reverse the judgment of the Appellate Court.

We begin our analysis by noting that in Connecticut, the “mechanic’s lien is a creature of statute and gives a right of action which did not exist at common law.” Diamond National Corp. v. Dwelle, 164 Conn. 540, 543, 325 A.2d 259 (1973); Parsons v. Keeney, 98 Conn. 745, 748, 120 A. 505 (1923). “The purpose of the mechanic’s [238]*238lien is to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon . . . . ” (Internal quotation marks omitted.) H & S Torrington Associates v. Lutz Engineering Co., 185 Conn. 549, 553, 441 A.2d 171 (1981); J. L. Purcell, Inc. v. Libbey, 111 Conn. 132, 136, 149 A. 225 (1930); Balch v. Chaffee, 73 Conn. 318, 320, 47 A. 327 (1900).2

Moreover, “[t]he guidelines for interpreting mechanic’s lien legislation are . . . well established. Although the mechanic’s lien statute creates a statutory right in derogation of the common law; Camputaro v. Stuart Hardwood Corporation, [180 Conn. 545, 550, 429 A.2d 796 (1980)]; Gruss v. Miskinis, 130 Conn. 367, 370, 34 A.2d 600 (1943); its provisions should be liberally construed in order to implement its remedial purpose of furnishing security for one who provides services or materials. H & S Torrington Associates v. Lutz Engineering Co., [supra, 185 Conn. 553]; Henry F. Raab Connecticut, Inc. v. J. W. Fisher Co., 183 Conn. 108, 115, 438 A.2d 834 (1981). Our interpretation, however, may not depart from reasonable compliance with the specific terms of the statute under the guise of a liberal construction. Camputaro v. Stuart Hardwood Corporation, supra, 551; Stone v. Rosenfield, 141 Conn. 188, 191, 104 A.2d 545 (1954).” (Internal quotation marks omitted.) New England Savings Bank v. Meadow Lakes Realty Co., 243 Conn. 601, 611-12, 706 A.2d 465 (1998); Thompson & Peck, Inc. v. Division Drywall, Inc., 241 Conn. 370, 375-76, 696 A.2d 326 (1997).

Section 49-34 provides in relevant part: “A mechanic’s lien is not valid, unless the person performing the services or furnishing the materials . . . within ninety [239]*239days after he has ceased to do so, lodges with the town clerk of the town in which the building ... is situated a certificate in writing . . . describing the premises, the amount claimed as a lien thereon, the name or names of the person against whom the lien is being filed and the date of the commencement of the performance of services or furnishing of materials . . . .” The issue in this case, therefore, is whether, as a matter of law, the date on which the plaintiff ceased to “[perform] the services or [furnish] the materials” within the meaning of § 49-34 is October 3,1995, the date on which work was substantially completed, or November 10, 1995, the date on which the plaintiff, at the defendant’s request, removed the scaffolding and roofing brackets from the property.

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F. B. Mattson Co. v. Tarte, 719 A.2d 1158, 247 Conn. 234, 1998 Conn. LEXIS 431 (Colo. 1998).

719 A.2d 1158 (F. B. Mattson Co. v. Tarte) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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