DocketNumber: No. CV95 0144885
Judges: D'ANDREA, J.
Filed Date: 6/21/1995
Status: Non-Precedential
Modified Date: 7/5/2016
The burden of proof of establishing probable cause to sustain the validity of a mechanic's lien is on the lienor. Connecticut General Statutes §
It is clear that the defendant executed a full relinquishment of all liens. Such a practice is common and necessary in the building industry to allow builders, owners and banks to complete financing, and it is important that they be entitled to rely upon written waivers in connection therewith. The purpose, meaning and intent of the written waiver in this case is clear on its face. CT Page 6165 The court does not credit the testimony of the defendant's witness, Mr. Myron, that there was an oral agreement made at the time of the delivery of the waiver, that the builder, Wright Brothers, Inc., was accepting the waiver in a limited fashion, to apply only to the work done to date that was represented by the amount of the check issued. To allow parol evidence to contradict the clear meaning of the words contained in the waiver would destroy the right of interested parties to rely upon the written word, and would be to invite havoc in the industry.
The parol evidence rule is not a rule of evidence, but a rule of substantive contract law. Damora v. Christ-Janner,
The court finds that the defendant waived and relinquished his rights to file a mechanic's lien on property of the plaintiff, and therefore it is not necessary to consider the second claim of the plaintiff that the lien was invalid because it failed to contain a written oath.
The plaintiff's application is granted and the mechanic's lien filed against the property by Stevenson Millwork, Inc., is discharged.
So Ordered.
D'ANDREA, J. CT Page 6166