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Property Law Appellate Court Opinion

by Zigadto, Janet

 

AC47215 - Pittu v. Bugaj Contractors Co., LLC ("The defendant, Bugaj Contractors Company, LLC, appeals from the judgment of the trial court discharging a mechanic's lien that it had placed on certain real property owned by the plaintiffs, Sarah Pittu and Raul Herrera. The defendant claims that the court improperly (1) shifted the burden of proof to the defendant at the hearing held pursuant to General Statutes ยง 49-35a on the plaintiffs' application to discharge the mechanic's lien by requiring it to prove that it did not breach a contract entered into between the parties, rather than requiring it to prove only that there was probable cause to sustain its lien, (2) found, 'presumably by clear and convincing evidence,' that the defendant breached the contract between the parties, and (3) concluded that the mechanic's lien was premised entirely on the contract and, therefore, failed to sustain the lien on the basis of applicable principles of restitution and/or unjust enrichment. (Emphasis omitted.) In support of its first claim, the defendant argues that it was not obligated to prove a breach of contract claim at the hearing. We agree that the trial court incorrectly determined that its finding that the defendant breached the parties' contract precluded the defendant from establishing a valid mechanic's lien and, accordingly, we reverse the judgment of the court and remand the case for further proceedings.")