Connecticut House Bill HB05576

Connecticut 2011 Regular Session

• Introduced: 1/20/11
• Refer: 1/20/11

Caption

An Act Requiring That A Mechanic's Lien Be Based On A Written Contract.

Impact

If enacted, HB 05576 would significantly alter the landscape of contracts in the construction sector, ensuring that all mechanic's liens are formally documented. This requirement is designed to protect both service providers and property owners by providing a clear written record of agreements. It enhances transparency in transactions and reduces the likelihood of legal complications related to claims for payment under mechanic's liens. As a result, it could also foster a more trustworthy business environment within the construction industry.

Summary

House Bill 05576 seeks to amend section 49-33 of the general statutes to mandate that a mechanic's lien must be based on a written contract. This legislative change aims to reduce the ambiguity often associated with verbal agreements in construction-related services. By establishing the requirement of a written agreement, the bill aims to clarify the legal framework governing mechanic's liens and to prevent disputes arising from misunderstandings or differing interpretations of oral contracts.

Contention

The bill may face opposition from those who argue that enforcing a written contract requirement could hinder smaller contractors or individual tradespeople who typically rely on informal agreements. Critics could contend that this change may introduce barriers to entry for smaller players in the construction market, as it necessitates formal documentation that some may find burdensome. However, supporters argue that written contracts ultimately lead to fairer practices and reduce the disputes that can arise from misunderstandings associated with verbal deals.