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STATE OF RHODE ISLAND
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IN GENERAL ASSEMBLY
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JANUARY SESSION, A.D. 2012
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____________
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A N A C T
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RELATING TO PROPERTY - MECHANICS' LIENS
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Introduced By: Representative John J. McCauley
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Date Introduced: February 16, 2012
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Referred To: House Labor
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It is enacted by the General Assembly as follows:
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1-1
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SECTION 1. Section 34-28-4.1 of the General Laws in Chapter 34-28 entitled
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1-2
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"Mechanics' Liens" is hereby repealed.
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1-3
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34-28-4.1. Contractors. -- No person contracting directly with either the owner of the
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1-4
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land, lessee, or tenant of the land, or owner of less than the fee simple, other than material
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1-5
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suppliers, as those terms are referred to in sections 1, 2 and 3 [sections 34-28-1, 34-28-2, 34-28-
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1-6
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3]of this chapter, shall be entitled to claim a lien under this chapter unless that person shall have
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1-7
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given the following notice to the owner, lessee or tenant, or owner of less than the fee simple in
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1-8
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writing, by certified mail, return receipt requested, within ten (10) business days of commencing
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1-9
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work or delivery of materials for construction, erection, alteration or repair as set forth in this
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1-10
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chapter. The failure of such person contracting directly to give such notice shall not affect the
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1-11
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right of any other person performing work or furnishing materials of claiming a lien pursuant to
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1-12
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this chapter, provided that the procedures set forth in this chapter are followed. However, such
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1-13
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person failing to file such notice shall indemnify and hold harmless any owner, lessee or tenant,
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1-14
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or owner of less than the fee simple from any payment or costs incurred on account of any liens
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1-15
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claims by those not in privity with them, unless such owner, lessee or tenant, or owner of less that
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1-16
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the fee simple shall not have paid such person.
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1-17
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NOTICE OF POSSIBLE MECHANIC'S LIEN
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1-18
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To: Insert name of owner, lessee or tenant, or owner of less than the fee simple. The
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1-19
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undersigned is about to perform work and/or furnish materials for the construction, erection,
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1-20
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alterations or repair upon the land at (INSERT ADDRESS) under contract with you. This is a
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2-1
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notice that the undersigned and any other persons who provide labor and materials for the
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2-2
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improvement under contract with the undersigned may file a mechanic's lien upon the land in the
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2-3
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event of nonpayment to them. It is your responsibility to assure yourself that those other persons
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under contract with the undersigned receive payment for their work performed and materials
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furnished for the construction, erection, alteration or repair upon the land.
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2-6
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SECTION 2. This act shall take effect upon passage.
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LC01724
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EXPLANATION
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BY THE LEGISLATIVE COUNCIL
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OF
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A N A C T
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RELATING TO PROPERTY - MECHANICS' LIENS
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***
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3-1
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This act would repeal section 34-28-41 of the General Laws which compels notification
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by a contractor of possible mechanics’ liens prior to commencing any work on a construction
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3-3
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project within ten (10) business days of commencing work.
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3-4
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This act would take effect upon passage.
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LC01724
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