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What if contractor falsely sending an intent of lien without even work done? Is it illegal?

I hired a contractor in CT in August 2019 for a project and he damaged my property and the work was immediately stopped by the association. The work was not allowed until the damage was restored. I asked the contractor to pay for the damages, he agreed earlier but later after when I sent the invoices he is fooling and now he sent me the intent of notice of lien on my property. This incident happened in Aug 2019 which has already crossed 90 days. How should I respond to his intent to lien on my property.

1 reply

Feb 20, 2020

As you note, the deadline to file a mechanics lien in Connecticut is 90 days from the last day work was performed. Although, it's worth noting that there is the potential in Connecticut that work performed after a substantial delay can "re-start" the clock for the purposes of mechanics lien deadline calculation. Since a notice of intent to lien doesn't encumber the property, or, by itself, cause any damage, there is very little to stop a claimant from using a Notice of Intent to Lien in a similar manner as a generic demand letter in an attempt to get paid. However, if a lien is actually filed when it is knowingly improper, that story can potentially change. In the event a knowingly improper mechanics lien is filed and that causes damages to the property owner, the claimant may end up liable for those damages. Letting the potential claimant know that that is a possibility can sometimes discourage a lien filing.

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