Legal Question in Construction Law in Connecticut

Mechanics Lein

We recently bought a new house. The builder apparently did not pay all of the contractors for work and we now have 2 mechanics leins filed against us, one for equipment to put in the septic system and the other for the propane equipment. Based on information from these contractors, we may have others filed in the future as well. Apparently the builder is not paying anyone. First, does this affect our personal credit history? Second, how do we go about getting these taken care of? If we have to hire an attorney, can we force the builder to pay the legal fees?


Asked on 9/09/08, 10:45 am

1 Answer from Attorneys

Diana Bartolotta B-Law LLC

Re: Mechanics Lein

Answers to your questions:

1. It won't affect your personal credit history, unless and until the holder of the mechanic's liens foreclose. Then there will be a judgment on your credit history.

2. Your options to get rid of the liens are:

a. negotiate with the holder of the liens to accept a certain payment in return for the release of the liens;

b. CALL THE TITLE INSURANCE COMPANY WHO WROTE THE TITLE INSURANCE POLICY ON YOUR PROPERTY; I really hope you bought extended title insurance coverage;

3. You might be able to sue the builder, but it depends on a lot of specific facts; talk to a lawyer who handles litigation involving contractors. Start with the person who did your closing and ask if that attorney does litigation.

The bad news is this: This is a common situation when building a home. Many times, builders get in over their heads and don't pay the sub-contractors. When that happen, it is often difficult to recoup your losses, because many times these builders are insolvent.

The good news is this: If you bought the right title insurance policy at closing, some of this headache might be covered by your insurance.

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Answered on 9/12/08, 8:26 am


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