(DOWNLOAD) "Mjm Landscaping, Inc. v. Lorant" by The Supreme Court of the State of Connecticut ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mjm Landscaping, Inc. v. Lorant
- Author : The Supreme Court of the State of Connecticut
- Release Date : January 13, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Argued December 8, 2003 Opinion The dispositive issue raised by this appeal is whether a written agreement (agreement) entered into by the plaintiff, MJM Landscaping, Inc., and the named defendant, Paul R. Lorant,1 is subject to the requirements of the Home Improvement Act (act), General Statutes § 20-418 et seq. The plaintiff initiated this action seeking strict foreclosure of a mechanic's lien that was filed in connection with the defendant's failure to pay in full for a septic system that the plaintiff had constructed and installed on the defendant's property. The defendant acknowledged that he had failed to pay the plaintiff in accordance with the agreement, but claimed, by way of special defense, that the agreement is unenforceable because it does not comply with the act, in particular, General Statutes § 20-429 (a).2 The defendant also filed a counterclaim alleging, inter alia, that the plaintiff's failure to comply with the act constituted a violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42110a et seq.3 The case was tried to the court, which concluded that the agreement is not a home improvement contract within the meaning of the act and, therefore, not governed by the act because the plaintiff was acting as a subcontractor rather than a home improvement contractor when it constructed and installed the septic system. In accordance with this conclusion, the court rendered judgment for the plaintiff both on its complaint and on the defendant's counterclaim.4 On appeal,5 the defendant challenges the conclusion of the trial court that the agreement falls outside the purview of the act. We reject the defendant's claim and, consequently, affirm the judgment of the trial court.6 The evidence adduced at trial revealed the following relevant facts. In 1992, the defendant, a resident of Japan, purchased residential property located at 43 West Brother Drive in Greenwich for investment purposes. In 1998, a departing tenant informed the defendant that there was a problem with the property's septic system. Upon the recommendation of a real estate broker with whom the defendant previously had done business, the defendant retained an engineer to design a new septic system.
 "Mjm Landscaping, Inc. v. Lorant" by The Supreme Court of the State of Connecticut ~ eBook PDF Kindle ePub Free){kind=link}