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Russell v. Custom Air Systems, Inc.

Connecticut Superior Court Judicial District of Fairfield at Bridgeport
Dec 12, 2005
2005 Conn. Super. Ct. 15904 (Conn. Super. Ct. 2005)

Opinion

No. CV 04 4002078

December 12, 2005


MEMORANDUM OF DECISION


The applicant, Kathleen Russell, has applied to the court for the discharge or reduction of a certain mechanic's lien placed on her property by the respondent, Custom Air Builders, Inc in the amount of $6,500.00 for work it allegedly performed in the installation of air conditioning units and ducts.

The applicant paid the respondent $10,000.00 as a deposit toward the total estimated cost of $19,883.00. The balance was not paid after a dispute arose regarding the respondent's work.

The respondent then caused a mechanic's lien in the amount of $6,500.00 to be recorded on the Weston Land Records.

The applicant and the respondent appeared and were heard regarding the application for discharge.

While there was considerable evidence and testimony offered by both sides concerning the amount of work done and the reasonable value of that work, the court has limited its consideration to the threshold issue raised by applicant as to the form of the mechanic's lien, quite literally.

The respondent used a pre-printed mechanic's lien form which called for the signature of a Commissioner of the Superior Court or a Notary Public following that portion of the document which states, "personally appeared [the president of the respondent] signer of the foregoing certificate and made solemn oath the facts stated therein are true, and that the sum of six thousand five hundred ($6,500.00) dollars, as nearly as the same can be ascertained, is justly due, before me."

That portion of the form was signed by a Commissioner of the Superior Court. It was not signed by the claimant — the president of the respondent — the person to whom the oath was attributed.

The applicant has argued that such an oath must be signed by the claimant and not by anyone else and that absent the signature of the claimant, the mechanic's lien is invalid. In Red Rooster Const. Co. v. River Associates, 224 Conn. 563 (1993), our Supreme Court held that § 49-34, C.G.S. requires the lien to be "subscribed and sworn to by the claimant." Red Rooster, supra, p. 557-78. Specifically, that court held, ". . . in order to have a valid statement under oath, the attention of the person to be sworn must be called to the fact that his or her statement is not a mere asseveration, but must be sworn to, and he or she must do some corporal act in recognition of this." Id.

In the instant case, there was insufficient evidence to permit the court to find that the mechanic's lien was an actual statement signed by the claimant swearing that the facts stated therein were true.

For that reason the court hereby grants the application for discharge of the mechanic's lien.


Summaries of

Russell v. Custom Air Systems, Inc.

Connecticut Superior Court Judicial District of Fairfield at Bridgeport
Dec 12, 2005
2005 Conn. Super. Ct. 15904 (Conn. Super. Ct. 2005)
Case details for

Russell v. Custom Air Systems, Inc.

Case Details

Full title:KATHLEEN L. RUSSELL v. CUSTOM AIR SYSTEMS, INC

Court:Connecticut Superior Court Judicial District of Fairfield at Bridgeport

Date published: Dec 12, 2005

Citations

2005 Conn. Super. Ct. 15904 (Conn. Super. Ct. 2005)