payment claim (Connecticut) · Go Syfert
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payment claim in Connecticut

30 Connecticut opinions name it 3 courts 1913–2025 1 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
H & S TORRINGTON ASSOCIATES v. Lutz Engineering Co.green
conn · 1981 · cited in 10 Connecticut opinions naming this issue, 1986–2004
2 sentences

2004See H & S Torrington Associates v. Lutz Engineering Co., 185 Conn. 549, 553 , 441 A.2d 171 (1981) (“purpose of the mechanic’s lien is to give one who furnishes materials or services ‘the security of the building and land for the payment of his claim by making such claim a lien thereon’ ”).

2004See H & S Torrington Associates v. Lutz Engineering Co., 185 Conn. 549, 553 , 441 A.2d 171 (1981) (“purpose of the mechanic’s lien is to give one who furnishes materials or services ‘the security of the building and land for the payment of his claim by making such claim a lien thereon’ ”).

210
Rutka v. City of Meridengreen
connappct · 2013 · cited in 1 Connecticut opinions naming this issue, 2025–2025
2 sentences

2025See Rutka v. Meriden, 145 Conn. App. 202, 210 , 75 A.3d 722 (2013). ‘‘In conducting our review, we also must remain cog- nizant of the remedial purpose of our mechanic’s lien statutes, i.e., to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon . . . and the oft-stated directive that those provisions should be liberally construed in order to implement [that] remedial purpose . . . .’’ (Citation omitted; internal quotation marks omitted.) 36 DeForest Avenue, LLC v. Creadore, supra, 99 Conn. App. 695

2025See Rutka v. Meriden, 145 Conn. App. 202, 210 , 75 A.3d 722 (2013). ‘‘In conducting our review, we also must remain cog- nizant of the remedial purpose of our mechanic’s lien statutes, i.e., to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon . . . and the oft-stated directive that those provisions should be liberally construed in order to implement [that] remedial purpose . . . .’’ (Citation omitted; internal quotation marks omitted.) 36 DeForest Avenue, LLC v. Creadore, supra, 99 Conn. App. 695

11
Petterson v. Weinstockgreen
conn · 1927 · cited in 1 Connecticut opinions naming this issue, 2001–2001
1 sentence

2001While payment is a recognized special defense to mortgage foreclosure at common law; see Peterson v. Weinstock , 106 Conn. 436 , 441 , 1138 A. 433 (1927); Superior Court decisions vary in their treatment of the various forms of the payment defense in the context of a motion to strike the defense.

11
P. J. Carlin Construction Co. v. City of New Yorkgreen
nyappdiv · 1977 · cited in 1 Connecticut opinions naming this issue, 1988–1988
1 sentence

1988Carlin Construction Co. v. City of New York, 59 App. Div. 2d 847, 399 N.Y.S.2d 13, 14 (1977); Truck Rent-A-Center v. Puritan, 41 N.Y.2d 420 , 361 N.E.2d 1015 , 393 N.Y.S.2d 365 (1977).

11
Nitz v. Prudential-Bache Securities, Inc.green
nyappdiv · 1984 · cited in 1 Connecticut opinions naming this issue, 1988–1988
1 sentence

1988See footnote 1, supra. We further note that the plaintiff’s claim for money damages under the liquidated damages clause would also fail, as the defendants have met their burden of proving that the payment required under the clause would be “so exorbitant as to be in the nature of a penalty.” P.J.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (22)

CaseCitedYears
F. B. Mattson Co. v. Tarte green
conn · 1998
2 sentences

2002Mattson Co. v. Tarte, 247 Conn. 234, 237-38 , 719 A.2d 1158 (1998).

2002Mattson Co. v. Tarte, 247 Conn. 234, 237-38 , 719 A.2d 1158 (1998).

31999–2002
Union Trust Co. v. Heggelund green
conn · 1991
2 sentences

2001Union Trust Co. v. Heggelund, 219 Conn. 620, 626 , 594 A.2d 464 (1991).

2001Union Trust Co. v. Heggelund, 219 Conn. 620, 626 , 594 A.2d 464 (1991).

22001–2001
State v. Cook green
conn · 1981
2 sentences

2001Further, it comports with what appears to have been the intent of the drafters when they followed the approach of the federal rule by shifting the mode of expert discovery to depositions and leaving the payment rule intact. 6 Of course, the canons of statutory construction apply to Practice Book rules; State v. Cook, 183 Conn. 520, 521-22 , 441 A.2d 41 (1981); and one of those canons is that statutes in derogation of the common law are to *306 be strictly construed.

2001Further, it comports with what appears to have been the intent of the drafters when they followed the approach of the federal rule by shifting the mode of expert discovery to depositions and leaving the payment rule intact. 6 Of course, the canons of statutory construction apply to Practice Book rules; State v. Cook, 183 Conn. 520, 521-22 , 441 A.2d 41 (1981); and one of those canons is that statutes in derogation of the common law are to *306 be strictly construed.

22001–2001
Butch v. Thangamuthu green
connappct · 1995
2 sentences

1999Instead, the statute unambiguously indicates that the subdivided plot of land is the property to which a mechanic's lien must be attached when the plaintiff seeks to secure payment for materials and services provided to improve the plot being subdivided." Id., 549-50 .

1997Id., 547-49 On appeal, we upheld the decision of the trial court, noting that “[n]owhere does the statute suggest that a single lot of land in a subdivided plot is subject to the payment of a claim for services rendered or materials furnished in the site development or subdivision of the entire plot.

21997–1999
Cohn v. Pacific Employers Insurance green
conn · 1990
2 sentences

2017Co. , 213 Conn. 540 , 546-47, 569 A.2d 544 (1990), 115 Old Republic claimed that the plain language of the excess policies it issued to Vanderbilt indicate that they imposed "an 'indemnity only' obligation." Old Republic thus asked the court to find, among other things, that its policies "contain no affirmative duty to [defend] or to pay defense costs as incurred" by Vanderbilt, and that its policies "only indemnify for defense expenses incurred and paid for covered claims ...." The court declined to address those claims in its Phase II memorandum of decision.

2017Co. , 213 Conn. 540 , 546-47, 569 A.2d 544 (1990), 115 Old Republic claimed that the plain language of the excess policies it issued to Vanderbilt indicate that they imposed "an 'indemnity only' obligation." Old Republic thus asked the court to find, among other things, that its policies "contain no affirmative duty to [defend] or to pay defense costs as incurred" by Vanderbilt, and that its policies "only indemnify for defense expenses incurred and paid for covered claims ...." The court declined to address those claims in its Phase II memorandum of decision.

12017–2017
FCM Group, Inc. v. Miller green
conn · 2011
2 sentences

2013If the materials are not furnished, and the work is not done, in the construction, raising, removal or repairs of a building, there can be no hen.” (Internal quotation marks omitted.) FCM Group, Inc. v. Miller, 300 Conn. 774, 806 , 17 A.3d 40 (2011).

2013If the materials are not furnished, and the work is not done, in the construction, raising, removal or repairs of a building, there can be no hen.” (Internal quotation marks omitted.) FCM Group, Inc. v. Miller, 300 Conn. 774, 806 , 17 A.3d 40 (2011).

12013–2013
Key Air, Inc. v. Commissioner of Revenue Services green
conn · 2009
2 sentences

2010“When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.” (Internal quotation marks omitted.) Key Air, Inc. v. Commissioner of Revenue Services, 294 Conn. 225, 231 , 983 A.2d 1 (2009). *189 It is relevant to our review to note that “[t]he purpose of the mechanic’s lien is to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon . . . .” Intercity Deve

2010“When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.” (Internal quotation marks omitted.) Key Air, Inc. v. Commissioner of Revenue Services, 294 Conn. 225, 231 , 983 A.2d 1 (2009). *189 It is relevant to our review to note that “[t]he purpose of the mechanic’s lien is to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon . . . .” Intercity Deve

12010–2010
Intercity Development, LLC v. Andrade green
connappct · 2006
2 sentences

2010“When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.” (Internal quotation marks omitted.) Key Air, Inc. v. Commissioner of Revenue Services, 294 Conn. 225, 231 , 983 A.2d 1 (2009). *189 It is relevant to our review to note that “[t]he purpose of the mechanic’s lien is to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon . . . .” Intercity Deve

2010“When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.” (Internal quotation marks omitted.) Key Air, Inc. v. Commissioner of Revenue Services, 294 Conn. 225, 231 , 983 A.2d 1 (2009). *189 It is relevant to our review to note that “[t]he purpose of the mechanic’s lien is to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon . . . .” Intercity Deve

12010–2010
Intercity Development, LLC v. Andrade green
conn · 2008
2 sentences

2010“When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.” (Internal quotation marks omitted.) Key Air, Inc. v. Commissioner of Revenue Services, 294 Conn. 225, 231 , 983 A.2d 1 (2009). *189 It is relevant to our review to note that “[t]he purpose of the mechanic’s lien is to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon . . . .” Intercity Deve

2010“When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.” (Internal quotation marks omitted.) Key Air, Inc. v. Commissioner of Revenue Services, 294 Conn. 225, 231 , 983 A.2d 1 (2009). *189 It is relevant to our review to note that “[t]he purpose of the mechanic’s lien is to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon . . . .” Intercity Deve

12010–2010
Rollar Construction & Demolition, Inc. v. Granite Rock Associates, LLC green
connappct · 2006
2 sentences

2007In conducting our review, we also must remain cognizant of the remedial purpose of our mechanic’s lien statutes, i.e., “to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon”; (internal quotation marks omitted) Rollar Construction & Demolition, Inc. v. Granite Rock Associates, LLC, 94 Conn. App. 125, 129 , 891 A.2d 133 (2006); and the oft-stated directive that those provisions “should be liberally construed in order to implement [that] remedial purpose . . . .” (Internal quotation marks omitted.) I

2007In conducting our review, we also must remain cognizant of the remedial purpose of our mechanic’s lien statutes, i.e., “to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon”; (internal quotation marks omitted) Rollar Construction & Demolition, Inc. v. Granite Rock Associates, LLC, 94 Conn. App. 125, 129 , 891 A.2d 133 (2006); and the oft-stated directive that those provisions “should be liberally construed in order to implement [that] remedial purpose . . . .” (Internal quotation marks omitted.) I

12007–2007
Stone v. Rosenfield green
conn · 1954
2 sentences

2006If the materials are not furnished, and the work is not done, in the construction, raising, removal or repairs of a building, there can be no lien.” (Citations omitted.) Stone v. Rosenfield, 141 Conn. 188, 191-92 , 104 A.2d 545 (1954).

2006If the materials are not furnished, and the work is not done, in the construction, raising, removal or repairs of a building, there can be no lien.” (Citations omitted.) Stone v. Rosenfield, 141 Conn. 188, 191-92 , 104 A.2d 545 (1954).

12006–2006
Gill v. Diorio green
connappct · 1998
2 sentences

1999"Because a party must have standing to invoke the subject matter jurisdiction of the court, it is appropriate for a court to evaluate whether a party has made a "colorable claim" of injury when a motion to dismiss pursuant to Practice Book § 10-31 , formerly § 143, is made . . ." Gill v. Diorio , 51 Conn. App. 140 , 144 , 720 A.2d 526 (1998) "The purpose of the mechanic's lien is to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon . . ." (Citations omitted; internal quotation marks omitted.) F. B

1999"Because a party must have standing to invoke the subject matter jurisdiction of the court, it is appropriate for a court to evaluate whether a party has made a "colorable claim" of injury when a motion to dismiss pursuant to Practice Book § 10-31 , formerly § 143, is made . . ." Gill v. Diorio , 51 Conn. App. 140 , 144 , 720 A.2d 526 (1998) "The purpose of the mechanic's lien is to give one who furnishes materials or services the security of the building and land for the payment of his claim by making such claim a lien thereon . . ." (Citations omitted; internal quotation marks omitted.) F. B

11999–1999
Red Rooster Construction Co. v. River Associates, Inc. green
conn · 1993
2 sentences

1996(Emphasis added.) The underlying purpose of this statute is to "award an interest in real property to workers who have contributed their labor, and to suppliers who have furnished material, for the CT Page 4332-BBB improvement of real property." (Emphasis added.) Red Rooster Construction Co. v. River Associates, 224 Conn. 563 , 573 , 620 A.2d 118 (1993).

1996(Emphasis added.) The underlying purpose of this statute is to "award an interest in real property to workers who have contributed their labor, and to suppliers who have furnished material, for the CT Page 4332-BBB improvement of real property." (Emphasis added.) Red Rooster Construction Co. v. River Associates, 224 Conn. 563 , 573 , 620 A.2d 118 (1993).

11996–1996
Williams v. Bartlett green
conn · 1983
1 sentence

1993Williams, supra, at 480 .

11993–1993
Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc. green
ny · 1977
2 sentences

1988Carlin Construction Co. v. City of New York, 59 App. Div. 2d 847, 399 N.Y.S.2d 13, 14 (1977); Truck Rent-A-Center v. Puritan, 41 N.Y.2d 420 , 361 N.E.2d 1015 , 393 N.Y.S.2d 365 (1977).

1988Carlin Construction Co. v. City of New York, 59 App. Div. 2d 847, 399 N.Y.S.2d 13, 14 (1977); Truck Rent-A-Center v. Puritan, 41 N.Y.2d 420 , 361 N.E.2d 1015 , 393 N.Y.S.2d 365 (1977).

11988–1988
J. L. Purcell, Inc. v. Libbey green
conn · 1930
2 sentences

1986“The purpose of the mechanic’s lien is to give one who furnishes materials or services ‘the security of the building and land for the payment of his claim by making such claim a lien thereon . . . .’ ” H & S Torrington Associates v. Lutz Engineering Co., 185 Conn. 549, 553 , 441 A.2d 171 (1981), quoting Purcell, Inc. v. Libbey, 111 Conn. 132, 136 , 149 A. 225 (1930).

1986“The purpose of the mechanic’s lien is to give one who furnishes materials or services ‘the security of the building and land for the payment of his claim by making such claim a lien thereon . . . .’ ” H & S Torrington Associates v. Lutz Engineering Co., 185 Conn. 549, 553 , 441 A.2d 171 (1981), quoting Purcell, Inc. v. Libbey, 111 Conn. 132, 136 , 149 A. 225 (1930).

11986–1986
Reid v. Berry green
mass · 1901
2 sentences

1980Reid v. Berry, 178 Mass. 260 , 59 N.E. 760 (1901); Southwestern Electrical Co. v. Hughes, 139 Kan. 89, 90 , 30 P.2d 114 (1934).

1980Reid v. Berry, 178 Mass. 260 , 59 N.E. 760 (1901); Southwestern Electrical Co. v. Hughes, 139 Kan. 89, 90 , 30 P.2d 114 (1934).

11980–1980
Southwestern Electrical Co. v. Hughes neutral
kan · 1934
2 sentences

1980Reid v. Berry, 178 Mass. 260 , 59 N.E. 760 (1901); Southwestern Electrical Co. v. Hughes, 139 Kan. 89, 90 , 30 P.2d 114 (1934).

1980Reid v. Berry, 178 Mass. 260 , 59 N.E. 760 (1901); Southwestern Electrical Co. v. Hughes, 139 Kan. 89, 90 , 30 P.2d 114 (1934).

11980–1980
Sachs v. Nussenbaum neutral
· 1918
2 sentences

1956Sachs v. Nussenbaum, 92 Conn. 682, 687 , 104 A. 393 ; D’Andrea v. Rende, 123 Conn. 377, 380 , 195 A. 741 .

1956Sachs v. Nussenbaum, 92 Conn. 682, 687 , 104 A. 393 ; D’Andrea v. Rende, 123 Conn. 377, 380 , 195 A. 741 .

11956–1956
D'Andrea v. Rende green
conn · 1937
2 sentences

1956Sachs v. Nussenbaum, 92 Conn. 682, 687 , 104 A. 393 ; D’Andrea v. Rende, 123 Conn. 377, 380 , 195 A. 741 .

1956Sachs v. Nussenbaum, 92 Conn. 682, 687 , 104 A. 393 ; D’Andrea v. Rende, 123 Conn. 377, 380 , 195 A. 741 .

11956–1956
Quinebaug Reservoir Co. v. Town of Union neutral
· 1900
1 sentence

1913Such claim shall be a hen on such land, building, and appurtenances, and shall take precedence of any other incumbrance originating after the commencement of such services, or the furnishing of any such materials.” In Balch v. Chaffee, 73 Conn. 318, 320 , 47 Atl. 328 , we said, in reference to this section: “The design of the statute was to give one who, by furnishing services -and materials, under a contract with the owner of land, had added to its value by constructing a building upon it, or any appurtenances to a building, a substantial security for his- proper remuneration.

11913–1913
Balch v. Chaffee green
· 1900
1 sentence

1913Such claim shall be a hen on such land, building, and appurtenances, and shall take precedence of any other incumbrance originating after the commencement of such services, or the furnishing of any such materials.” In Balch v. Chaffee, 73 Conn. 318, 320 , 47 Atl. 328 , we said, in reference to this section: “The design of the statute was to give one who, by furnishing services -and materials, under a contract with the owner of land, had added to its value by constructing a building upon it, or any appurtenances to a building, a substantial security for his- proper remuneration.

11913–1913

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 49-33 (11) CT § Conn. Gen. Stat. § 49-34 (5) CT § Conn. Gen. Stat. § 42-110a (4) CT § Conn. Gen. Stat. § 20-417a (3) CT § Conn. Gen. Stat. § 49-35 (3) CT § Conn. Gen. Stat. § 49-35a (3) CT § Conn. Gen. Stat. § 49-35b (3) CT § Conn. Gen. Stat. § 49-35c (3) CT § Conn. Gen. Stat. § 49-37 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 128 (1848–2026) CA 72 (1860–2026) IL 69 (1885–2024) FL 58 (1922–2024) TX 54 (1873–2023) GA 36 (1895–2017) OR 34 (1897–2024) IN 32 (1875–2023) PA 31 (1842–2022) CT 30 (1913–2025) AL 30 (1856–2011) OH 25 (1886–2024) WA 19 (1901–2017) LA 19 (1855–2021) MI 18 (1898–2025) MD 18 (1847–2025) IA 18 (1873–2004) KS 17 (1889–1981) NJ 17 (1889–2022) KY 16 (1865–2024) AZ 15 (1906–2021) WV 15 (1900–2022) OK 15 (1892–2010) AR 14 (1909–2004) TN 14 (1921–2014) MO 14 (1868–2014) NE 14 (1882–1980) CO 13 (1885–2014) MA 10 (1873–2004) VA 10 (1884–2024) NC 9 (1902–1993) SD 7 (1905–1959) WY 7 (1905–2021) NM 7 (1885–2024) WI 6 (1881–2013) MT 6 (1897–1952) UT 6 (1926–2021) MN 5 (1864–1993) VT 5 (1861–1990) ID 5 (1915–2014) RI 4 (1895–2014) MS 4 (1922–1961) HI 4 (1922–2010) NV 3 (1986–2014) ND 3 (1919–1985) SC 2 (1960–1960) DE 2 (1934–2022) NH 2 (1869–1882)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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