Menu
Home>Levelset Community>Legal Help>Can I file a Lien; What are My Next Steps

Can I file a Lien; What are My Next Steps

Connecticut

Provided Emergency Repair Work for a local Business, but suddenly now that it is time to take payment they are unresponsive. I have detailed notes & photos of the repairs and all steps taken from phone calls, to dispatch, purchases and successful repair. No signed contract since it was a small emergency repair.

6 replies

May 3, 2023

You probably have lien rights, is there anything in writing showing an "offer" for your services being made and an "acceptance" of them? Either way, you'd have an unjust enrichment claim, but you need a contract to improve real property for lien rights. This does not necessarily mean a signed and executed formal contract. You would need to file a lien, but depending on how much money is at issue, it may or may not be worth it. 

0 people found this helpful
Helpful
May 3, 2023

Unfortuntly no formal offer or acceptance in writing.

It was an emergency repair and costs were unknown to both parties at the time. They had machinery down after a snow storm and at the time it was not determined what was needed to make the repairs so no offer could have been made.

The value is just over $1,300

0
Report Spam
May 3, 2023

You only need consent of the owner of the building to do the emergency repair work on the building. A written contract is not necessary. But, is the business the owner of the property or only a tenant? If the latter and without prior consent of the property owner, any mechanic's lien to be filed would be defective. The better course of action would be to commence a lawsuit in Connecticut Superior Court's small claims part where you can represent yourself and pursue a claim for damages not exceeding $5,000.00. 

0 people found this helpful
Helpful
May 3, 2023

I did have consent from the Business and Property Owner but I didn't have a contract due to the speed of the repair. This is for a Commercial Business, not residential.

0
Report Spam
May 4, 2023

I agree with the responses above. You don't need a written contract in order to file a lien, but for only $1,300 it is not worth filing in my opinion. Small claims would be the most cost-effective option.

0 people found this helpful
Helpful
May 4, 2023
Even if you served and recorded a Mechanic’s Lien, you still would need to sue within one year to collect. Therefore, I suggest that you skip the Mechanic’s Lien and sue in small claims court.
0 people found this helpful
Helpful