Q: Dismiss mechanic's lien due to contractor leaving materials
I am looking to dismiss a mechanic's lien placed on my property in Connecticut. The last work was done on July 16, 2024, and the lien was placed in November 2024. The contractor claims they left materials (including a wheelbarrow, scaffolding, and tarps) on the property within the 90 days needed to file the lien. However, the tarps and lumber belong to us, the property owners, per the contract stating we are responsible for purchasing materials. Communication about the materials left on the property was had, and the contractor picked up their tools later on but left several items there until January 2025. What are the legal implications of this situation regarding the dismissal of the lien, especially since the materials left were not requested by us?
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A:
It seems that the mechanic's lien in your case may be disputable. In Connecticut, a mechanic's lien can be filed if work is done or materials are provided to a property. However, since your contract specifies that you are responsible for purchasing materials, and the items left behind were not requested by you, the lien may not be valid based on the contractor’s claim of leaving materials.
The fact that the contractor left some materials on your property beyond the 90-day window required to file the lien could work in your favor. If the contractor didn’t leave the materials within the timeframe necessary for the lien to be valid or if those materials were not part of the agreement, you may have grounds to challenge the lien. Additionally, the fact that communication occurred and the contractor later retrieved tools further weakens their claim of providing materials that would justify a lien.
To move forward, you can formally dispute the lien, providing evidence that the materials were not yours and that the contractor didn’t follow proper procedures for filing the lien. You may want to consult with an attorney to help you navigate the lien dismissal process and ensure the contractor’s actions are properly addressed under the law.
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