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As a private person, can I file a lien for the house where I was doing construction work?

ConnecticutMechanics Lien

I finished my work at the client's house somewhere on February 2022. I knew about some financial difficulties my client had by that time, and because it is a person I've known for the last few years I decided to wait. The total amount this person owns me right now is $10 000. The last check I received was on 9/6/2022, and since that I haven't received anything, only text messages promising payment. This person is not willing to pay even a small amount every month. Here is my question: can I file a lien as a private person? We never made any agreement, so in this case to I need some witnesses that I actually did my work on that house ( carpentry)? Is there any timeframe I should follow? I would appreciate your response. Thank you very much in advance.

2 replies

Nov 8, 2022
Unfortunately, you are too late to file a lien. In CT, a lien must be filed within 90 days of the last date that you performed work. You can file a lien as a private person, but that is irrelevant because you've missed the deadline. You could, however, still bring a breach of contract action against the owner. The statute of limitations for breach of an oral agreement is 3 years in CT. Good luck.
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Nov 9, 2022
Yes, Attorney Fitzgerald is correct. Also, since this was a residential project, you would need to be registered as a home improvement contractor to be eligible to file a lien, even if you were not too late. Another defect is that you didn't have a contract in writing that complies with the lien law, including the starting and completion dates to be confirmed. And I wish I had good news for you, but you would need to bring your action in the general session of Superior Court since the jurisdictional limit for damages in small claims court is $5,000.
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