Title 34, Title 34 Title 34

The complaint to enforce a lien, filed under § 34-28-10, shall set forth the particulars of the account or demand for which the plaintiff claims a lien including the amount claimed, extras, payment made, the date or dates upon which work was done or materials furnished, shall rec…

Upon filing of the complaint, the clerk of the superior court shall, by one advertisement to be inserted in some public newspaper published in the city or town where the property against which the lien is claimed is located, but, if there shall be no public newspaper published in…

(a) Every citation issued under § 34-28-14 shall contain a copy of the complaint and shall be served on the parties by a deputy sheriff or constable at least five (5) days before the return day of the citation, by leaving an attested copy at the last and usual place of abode of e…

(a) The liens, under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, of all persons, except the persons who have mailed and filed notices of intention under § 34-28-4 before the filing of the complaint and who have not been mailed a copy of the advertisement as provided in § 34-28-14 and…

At any time after the filing of a petition under § 34-28-10, the holder of a mortgage having a priority over liens existing under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 may petition the court to exercise the power of sale contained in the mortgage and the court shall grant the pe…

Once the complaint, described in § 34-28-13, and containing all claims pursuant to § 34-28-16 has been filed with the court, the proceedings shall continue pursuant to the rules of civil procedure, in a nonjury proceeding.

(a) At any time after the recording of a notice of intention or after the filing of a complaint to enforce a lien under §§ 34-28-10 and 34-28-13, the owner or lessee or tenant of the land described in the notice or complaint may pay into the registry of the court in the county in…

(a) If any person in interest, including, but not limited to, an owner or contractor, claims: (1) that any person who has provided labor, materials or equipment or has agreed to provide funding, financing or payment for labor or materials or equipment refuses to continue to provi…

If more than one complaint under §§ 34-28-10 and 34-28-13 are filed against the same or any part of the same property, like proceedings shall be had on each, and each plaintiff shall give, upon motion of any person interested in the complaint made at any time, surety for costs, u…

The costs of the proceedings shall in every instance be within the discretion of the court as between any of the parties. Costs shall include legal interest, costs of advertising, and all other reasonable expenses of proceeding with the enforcement of the action. The court, in it…

Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of any lessee or tenant thereof, or by the husband of the lessee or tenant with the consen…

Every defendant to any complaint and every person claiming to have a lien under § 34-28-1, 34-28-2 or 34-28-3 on the property described therein or on any part thereof, and every person claiming an interest therein by title, claim, lease, mortgage, attachment, or other lien or enc…

The court shall, upon motion made by the plaintiff, defendant, or any other person, party to the proceedings, claiming to have a lien on the property or any part thereof under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, had any claim against the property at the time of filing the com…

In every decree of sale the court shall prescribe the notice that shall be given of the sale, and shall also give therein instructions and particular directions as each case may require, and upon application to the court, at any time, further instructions and directions may be gi…

The proceeds of the sale, after payment of the master’s fees, costs and incidental charges as shall be allowed by the court, shall be applied by the master, according to his or her instructions from the court, to the payment of the claims as marshaled and ascertained, and the bal…

The court may, in its discretion, require of the master bond or bonds with surety or sureties in such sum and to the person or persons as it may direct, securing the faithful application of the proceeds of sale, and may from time to time remove the master on account of any noncom…

(a) The priority of liens under §§ 34-28-1, 34-28-2, 34-28-3 and 34-28-7 shall be as follows: (1) Except as provided in subdivision (a)(3), as between persons having valid liens under this chapter, all of the lien holders shall share pro rata in the distribution of funds received…

Any subordination agreement or release, bearing the signature of any person with authority to sign the agreement or release, or of the person who is designated in a notice of intention under § 34-28-4 as the person whose signature will bind the person filing the notice, which pur…

Any person entitled to any lien under § 34-28-1, 34-28-2 or 34-28-3 who releases the lien before receiving payment for the work done or materials furnished forming the basis of the lien, shall be entitled to demand and receive direct payment therefor from the owner or lessee or t…

No person in the line of privity referred to in § 34-28-27 shall unreasonably withhold his or her written consent to a direct payment, nor shall any owner or lessee or tenant or other person referred to in § 34-28-27 unreasonably withhold a direct payment, and, if the person or o…

A demand for direct payment under § 34-28-27 shall be sufficient in substantially the following form: DEMAND FOR DIRECT PAYMENT To: (here insert name of owner or lessee or tenant, or of other person as may be obligated or permitted to make payments on behalf of the owner or lesse…

Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of the owner, the owner being at the time less than sole owner of the fee simply (includin…

In addition to any meaning given through judicial interpretation or context, the term “material” or “materials”, when used in this chapter shall also include the rental or lease of any equipment.

If any bond is given to secure payment for work done or materials furnished on account of the construction, erection, alteration, or reparation of any building, canal, turnpike, railroad, or other improvement or on account of any contract between the owner or lessee or tenant of …

No lien under § 34-28-1, 34-28-2 or 34-28-3 shall attach to any building, canal, turnpike, railroad, or other improvement, if the improvement is being constructed, erected, altered, or repaired by or for the state, or any city or town, or any subdivision or agency thereof, or to …

Whenever any such building, canal, turnpike, railroad, or other improvement shall be subject to sale under this chapter, from and after the filing of any complaint under §§ 34-28-10 and 34-28-13, any contractor who shall not have fully completed his or her contract in relation to…

This chapter is intended to afford a liberal remedy to all who have contributed labor, material, or equipment towards adding to the value of property to which the lien attaches and should be construed accordingly.

Except as otherwise specified, nothing in this chapter shall be construed to limit the right of any person, whether he or she have a valid lien hereunder or not, to remedies otherwise available to him or her under law; and the rights, if any, of any person who has filed his or he…

(a) “Construction, erection, alteration or reparation” and “constructed, erected, altered or repaired,” as used in this chapter, means excavation and demolition preparatory to actual construction, erection, alteration, or reparation, except where used in the phrase “actual and vi…

Whenever any description of real estate is required under the provisions of this chapter, it shall be deemed sufficient to describe the real estate by metes and bounds description and street address, or by recitation of the taxing authority’s assessor’s plat and lot designation a…

This chapter may be cited as the “Rhode Island Mechanics’ Lien Law.”

If any part or parts of this chapter shall be held to be unconstitutional, that unconstitutionality shall not affect the validity of the remaining parts of this chapter. The general assembly hereby declares that it would have enacted the remaining parts of this chapter if it had …

(a) Except as provided in § 34-28-7, any and all liens claimed or that could be claimed under §§ 34-28-1, 34-28-2 or 34-28-3 shall be void and wholly lost to any person claiming under those sections unless the person shall, before or within two hundred (200) days after the doing …

No person contracting directly with either the owner of the land, lessee, or tenant of the land, or owner of less than the fee simple, other than material suppliers, as those terms are referred to in §§ 34-28-1, 34-28-2, 34-28-3, shall be entitled to claim a lien under this chapt…

Every town clerk and every recorder of deeds, as the case may be, shall, on payment of a fee of eight dollars ($8.00) for each notice of intention, record the notices of intention provided for in § 34-28-4, whether in the form therein provided or not, in a book to be kept by him …

The lien, under §§ 34-28-1, 34-28-2 or 34-28-3, of any architect or engineer, or of any immediate or mediate subcontractor thereto, for work done in connection with the construction, erection, alteration, or reparation, the result of which is used therein, shall be valid and enfo…

A notice of intention may be mailed and filed under § 34-28-4 against one or more contiguous parcels of land or parcels of land separated only by a public or private way, provided such parcels are owned, or occupied as lessee or tenant, by the same person or persons, and in such …

A notice of lien recorded in the land evidence records pursuant to § 34-28-4 shall be effective for two hundred (200) days prior to the date of filing. A notice of lien shall be effective as to any retainage earned but not paid, for work furnished pursuant to § 34-28-1 et. seq., …