DocketNumber: No. 323383
Citation Numbers: 1992 Conn. Super. Ct. 788
Judges: HODGSON, J.
Filed Date: 1/13/1992
Status: Non-Precedential
Modified Date: 4/17/2021
When Union filed a mechanic's lien as to the Yale-owned property where it performed its work, Brooklyn substituted a bond CT Page 789 pursuant to
The lienor undertook to provide labor and material to prepare a floor and install vinyl base and tile at the Yale facility. The lienor began work on September 1990 on the basis of an oral contract that was reduced to a writing dated December 18, 1990. The contract specified an interval for payment of each invoice because the lienor had been experiencing slow payments.
The lienor established probable cause to sustain the validity of the lien, which is dated May 16, 1991. Brooklyn raised no claim that the lien was invalid as to form, and the lienor presented evidence to the effect that on and before February 13, 1991 it had furnished labor and materials in the amount of $14,494.02 (Ex. A) for which it has not been paid.
Brooklyn contends that the reason for nonpayment was defective work. At the time Brooklyn first made this claim, it was receiving ultimatums from the lienor because of continually late payments, and it is by no means clear to the court whether a standoff as to timing of payments or a genuine and well-founded dissatisfaction with the lienor's work was at the root of the refusal to pay.
Pursuant to
The movant has not established to the required level of proof its entitlement to discharge or reduction of the bond substituted for the lien, and its application is therefore denied.
BEVERLY J. HODGSON, JUDGE.