Rhode Island

PRELIMINARY NOTICE

Prime contractor directly contracting with Owner must serve notice within 10 business days of commencing work or delivering materials to the project. See R.I. Gen. Laws §34-28-4.1. All other lienors (i.e., subcontractors, suppliers) are not required to provide a preliminary notice.

CONTENTS OF PRELIMINARY NOTICE

A form of the notice to be provided by the general contractor is provided in R.I. Gen. Laws §34-28-4.1.

WHEN COMPLETION OCCURS

The last day that work is performed or materials are furnished. R.I. Gen. Laws § 34-28-4

TIME LIMIT FOR RECORDING MECHANICS LIEN

Within two hundred (200) days after performance of the work or furnishing materials that have been incorporated into the project. See R.I. Gen. Laws §§ 34-28-4 and 34-28-9. It should be noted that for retainage earned but not paid, lien is effective from the start of work. The potential lienor’s Notice of Intention needs to be mailed by prepaid registered or certified mail to the owner(s) and a copy needs to be filed in the records of land evidence where the property is located. See R.I. Gen. Laws §§ 34-28-4 and 34-28-9.

TIME LIMIT FOR ENFORCING MECHANICS LIEN

Within 40 days of the date of recording the Notice of Intention of Lien and within 7 days after the filing of a Notice of Lis Pendens. See R.I. Gen. Laws § 34-28-10.

FORECLOSURE OR DISMISSAL BY COURT

An owner, lessee or contractor against whom a mechanic’s lien is filed may file a court action for release of lien or bonding in lieu of lien rights. See R.I. Gen. Laws § 34-28-17. Rhode Island § 34-28-17 allows the owner(s), lessee or tenant of the property to dissolve a mechanic’s lien by substitution of a surety bond or payment into the registry of the Superior Court cash in the total of the lien, including costs.

 

http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-28/INDEX.HTM