DocketNumber: No. CV98 0408679 CT Page 1360
Citation Numbers: 1998 Conn. Super. Ct. 1359
Judges: PITTMAN, JUDGE.
Filed Date: 2/5/1998
Status: Non-Precedential
Modified Date: 4/18/2021
On January 21, 1998, Newick commenced an action by service of process on the Smelsers to foreclose on the mechanic's lien:Newick v. Smelser, D.N. 408835. The foreclosure action makes reference to the mechanic's lien and to a lis pendens placed on the land records on January 21 to denote Newick's claim to an interest in the land, pursuant to Conn. Gen. Stat. Sec.
Thereafter, on January 22, 1998, the Smelsers filed a new lawsuit, D.N. 408679, to substitute a bond in lieu of the mechanic's lien. The application to substitute bond was served on Newick on January 27, the same day that his foreclosure action was returned to court.
Both parties appeared in court by counsel on February 2, the date set for hearing the application to substitute bond. The plaintiffs argue that under Conn. Gen. Stat. Sec.
Conn. Gen. Stat. Sec.
Finally the court must determine the amount of the bond. The statute mandates that it be "such amount as a court of competent jurisdiction may adjudge to have been secured by the lien, with interest and costs. . . ." Here is where the controversy lies. The mechanic's lien recorded by the defendant does not claim nor include any additional value for the attorney fees he has expended in asserting his claim. But he argues that since he has brought an action to foreclose the lien, and, under Conn. Gen. Stat. Sec.
The plain language of Conn. Gen. Stat. Sec.
The defendant elected to protect his claim by filing a mechanic's lien rather than by initiating an action of some other kind and attempting to secure an amount which included attorney fees through a prejudgment remedy. He cannot now claim that a strict construction of the statute under which he has chosen to proceed unfairly limits him in securing his claim.
Upon the posting of a bond in the amount of $39,471.20, plus interest and costs only, either as cash or with sufficient surety, the court orders that the bond substitute for the lien and that the lien be dissolved. In the event of further controversy over the sufficiency of any bond offered by the plaintiffs, this court reserves jurisdiction to make further findings and orders. CT Page 1362
Patty Pittman, Judge.