CT STATESupreme Court of Connecticut
2010

Stuart v. Stuart

996 A.2d 259Supreme Court of Connecticut • Decided 2010Reversed
Lien RightsCited 80 times

HOLDING

This Connecticut case clarifies the standard of proof required in statutory theft claims under Connecticut law. The court ruled that the lower "preponderance of the evidence" standard applies, not the stricter "clear and convincing evidence" standard. For construction subcontractors, this matters because it affects how easily you can prove theft or misappropriation of funds, materials, or property in disputes with contractors or other parties. A lower burden of proof makes it easier to win theft-related claims.

KEY FINDINGS

Lien Rights

When Connecticut law is silent on proof standards, use the preponderance of the evidence test (more likely than not), not the higher clear and convincing standard

FULL COURT OPINION