KNAPP v. OVERHEAD DOOR CO. OF NORWALK, No. CV04 041 04 47 (Sep. 29, 2004)

KARAZIN, JUDGE.

Michelle Knapp is the plaintiff and the contractor. The defendant is Overhead Door Company of Norwalk, Connecticut, a provider of garage doors. Hereinafter Knapp will be referred to as the plaintiff and Overhead Door will be referred to as the defendant. It is undisputed that the original garage doors delivered to the premises for installation by the defendant were the wrong doors. The defendant agreed that the plaintiff was to get the correct doors. The correct doors were never installed on the premises.

A mechanic's lien may attach to the property when labor or materials are furnished. The defendant neither provided nor installed the correct garage doors thus the defendant is not entitled to a mechanic's lien. Statutes in derogation of the common law are strictly construed. Here no proper labor or materials were furnished within the meaning of Connecticut General Statutes § 49-34. A breach of contract action does not rise to the level of a mechanic's lien. Accordingly the mechanic's lien is discharged.

So Ordered.

KARAZIN, J. CT Page 15011