Legal Question in Credit and Debt Law in Connecticut

Mechanics lien

my company did work for a homeowner who had a furnace backfire. they received a check with their names and my companies name on it. they refuse to sign the check over to us until we agree to repair a wallunit that was damaged by a third party. in order to get the check i said we would pick up the cost of repair since we subcontracted out the third party. they will still not release the check. can i file a mechanics lein to attempt to get paid and how do i get the mechanics lein form(s)?


Asked on 11/14/01, 2:26 pm

1 Answer from Attorneys

Stephen Silverberg Silverberg Law Office

Re: Mechanics lien

Your lien rights expired 90 days from the day you substantially finished the work; from your description of the problem I suspect that was a long time ago.

You can contact the insurance company, show your proofs that you have done the work in a satisfactory manner, including footing the repair bill for your subcontractor's damage, explain the situation, and try to get them to stop payment on the first check and issue a new one to you, only.

You can threaten the homeowner with suit in small claims court (assuming the amount of the check does not exceed $3,500.00, or is below $4,000, making it worthwhile for you to reduce your claim to $3,500 for the sake of getting paid).

Those are pretty much all the options you have, going on the assumption that the homeowner has no dispute with your work and is just trying to keep the insurance money for himself. Should it turn out that the homeowner has fraudulently endorsed your company's name to the check and cashed it or deposited it to his own account, you can go to the local police station and seek criminal charges, or you can bring suit in the appropriate court.

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Answered on 11/15/01, 3:55 pm


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