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****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** SCOTT JOHNSON v. VICTORIA DE TOLEDO ET AL. (AC 19289)
Landau, Pellegrino and Callahan, Js. Argued September 18--officially released December 19, 2000 Counsel

Anthony M. Modugno, with whom, on the brief, was Frank Modugno, for the appellant (plaintiff). John M. Gasidlo, for the appellees (named defendant et al.).
Opinion

PELLEGRINO, J. The plaintiff, Scott Johnson, doing business as Viking Painting, appeals from the judgment of the trial court discharging a mechanic's lien he filed against real property owned by the defendants Victoria de Toledo and Stewart M. Casper (homeowners).1 On appeal, the plaintiff claims that the court improperly (1) allowed a credit of $17,500 against the price the homeowners agreed to pay the general contractor, the defendant James A. Basli Construction Company (Basli), for the construction of a patio and a retaining wall, and (2) discharged the lien without its invalidity having been established by clear and convincing evi-

dence.2 We affirm the judgment of the trial court. The following facts and procedural history are relevant to our disposition of this appeal. In December, 1995, the homeowners, the joint owners of real estate in Wilton, entered into an agreement with the defendant Basli to perform certain improvements and additions to their residence.3 Basli hired the plaintiff, a subcontractor, to perform the painting work in connection with its contract with the homeowners.4 The homeowners discharged Basli before it completed its work because of their general dissatisfaction with its performance, and because of a dispute as to whether their contract included the construction of a patio and a retaining wall. The homeowners subsequently hired a mason contractor to build the patio and the retaining wall at an agreed price of $17,500, and they retained another general contractor to complete the remaining work under their contract with Basli. In the interim, the plaintiff completed his painting services and, when he was not paid by Basli, filed a mechanic's lien against the homeowners' property. On February 8, 1999, the court held a hearing in connection with the homeowners' application to discharge the mechanic's lien. At the hearing, the parties stipulated that the lien was timely filed and properly served. The court, Dean, J., however, granted the homeowners' application to discharge the lien. Thereafter, the plaintiff sought an articulation of the basis for the court's decision. The court, however, did not act on the motion for articulation. At or about the time this appeal was commenced, the trial judge was no longer a judge of the Superior Court and, therefore, was unable to respond to the plaintiff's request. This appeal followed. I The plaintiff first claims that the court improperly found that the original contract between the homeowners and Basli included the construction of a patio and a retaining wall. The plaintiff, therefore, argues that the homeowners are not entitled to a credit of $17,500 paid for the construction of the patio and the retaining wall against their contract with Basli. The plaintiff contends that the effect of such a credit against the original contract price allows the homeowners to obtain full performance of the contract at a cost less than they had agreed with Basli. The plaintiff further claims that if the homeowners paid less than the agreed contract price, there is probable cause to sustain the lien. In response, the homeowners assert that because Basli was to construct the patio and the retaining wall under the original contract, they are entitled to a $17,500 credit. Therefore, the homeowners claim they have no further liability to the plaintiff pursuant to General Statutes

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Connecticut Law