Justia Connecticut Supreme Court Opinion Summaries

Defendant and his wife appeal the trial court's judgment in a breach of contract and lien foreclosure action arising out of a dispute concerning the construction of a single-family home in the town of Greenwich. Defendants challenged all aspects of the trial court's judgment in favor of plaintiff except the portion of the judgment awarding plaintiff loss profit. Plaintiff challenged in his cross-appeal that the trial court improperly accepted the attorney trial referee's determination that the mechanic's lien was invalid and therefore improperly awarded defendants damages under General Statutes 49-8(c). The court held that because plaintiff and third party defendant offered no legal support for the attorney trial referee's finding that the wife was liable for breaching the contract between defendant and plaintiff, the portion of the trial court's judgment that was rendered against her could not stand. The court also held that the judgment of foreclosure must be reversed where there was no evidence that plaintiff furnished any materials or provided any services in connection with the contract balance and that the portion of the judgment awarding plaintiff attorney's fees pursuant to General Statutes 52-249 must also be reversed where such an award was authorized only when a valid judgment of foreclosure had been obtained. The court further held that the parties did not intend to impose liability for delays in the permitting and wetlands approval process and that the attorney trial referee improperly found that plaintiff was entitled to damages for the delays attributable to the change orders. The court also held that because plaintiff was not entitled to recover delay damages, it necessarily followed that any mechanic's lien securing those damages was invalid. The court finally held that the case must be remanded to the trial court for a determination of reasonable attorney's fees in accordance with section 49-8(c).