I don't typically comment on pending lawsuits like this, other than discussing or analyzing an important court decision or filing. But this morning, an article in the Connecticut Law Tribune prompted me to alter my typical course. Nothing needs to be said about the Sandy Hook school shootings. But there's a lawsuit now, a couple of them. One targets the Town of Newtown.
Contractors rely to a great extent on the mechanics lien as a way to secure payments they are owed. Most states, including Connecticut, have a statutory scheme that provides security, in the form of a lien on real estate, for payment for work performed. But what about when the work is performed on property that is leased to a tenant, commercial or residential? A contractor can still assert the lien, but what if the tenant wants to get rid of, or discharge the lien? Can it?