PA 07-120—sHB 7236

Judiciary Committee

AN ACT CONCERNING COSTS AND ATTORNEY'S FEES IN AN ACTION UPON A BOND SUBSTITUTED FOR A MECHANIC'S LIEN

SUMMARY: This act specifies that a plaintiff who prevails in any action upon a bond that has been substituted for a mechanic's lien must be allowed costs and reasonable attorney's fees.

EFFECTIVE DATE: October 1, 2007

BACKGROUND

Related Law and Case

The mechanic's lien statute allows for the substitution of a bond for a lien (CGS § 49-35b). In a recent decision the Superior Court concluded that the law did not require courts to award costs and attorney's fees when a bond was substituted for a lien and the claimant succeeds in a claim against the bond (A & A Mason, LLC v. Montagno Construction, 46 Conn. Supp. 405, (May 10, 2005)).

OLR Tracking: GCSN-E: PF: dw