2014 -- S 2636

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LC004244

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO PROPERTY - MECHANICS' LIENS

     Introduced By: Senators Doyle, McCaffrey, Lombardi, Conley, and Lynch

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-28-4.1 of the General Laws in Chapter 34-28 entitled

"Mechanics' Liens" is hereby amended to read as follows:

     34-28-4.1. Contractors. -- 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 sections 1, 2 and 3 [sections 34-28-1, 34-28-2, 34-28-

3]of this chapter, shall be entitled to claim a lien under this chapter unless that person shall have

given provided the following notice to the owner, lessee or tenant, or owner of less than the fee

simple as either incorporated in a written contract or by notice in writing prior to physical

commencement of work on the land, in writing, any time prior to or within ten (10) days after

commencing physical work on the land, whichever is later, by certified mail, return receipt

requested, within ten (10) business days of commencing work or upon delivery of materials for

construction, erection, alteration or repair as set forth in this chapter. The failure of such person

contracting directly to give such notice shall not affect the right of any other person performing

work or furnishing materials of claiming a lien pursuant to this chapter, provided that the

procedures set forth in this chapter are followed. However, such person failing to file such notice

shall indemnify and hold harmless any owner, lessee or tenant, or owner of less than the fee

simple from any payment or costs incurred on account of any liens claims by those not in privity

with them, unless such owner, lessee or tenant, or owner of less that the fee simple shall not have

paid such person.

     NOTICE OF POSSIBLE MECHANIC'S LIEN

     To: Insert name of owner, lessee or tenant, or owner of less than the fee simple.

     The undersigned is about to perform work and/or furnish materials for the construction,

erection, alterations or repair upon the land at (INSERT ADDRESS) under contract with you.

This is a notice that the undersigned and any other persons who provide labor and materials for

the improvement under contract with the undersigned may file a mechanic's lien upon the land in

the event of nonpayment to them. It is your responsibility to assure yourself that those other

persons under contract with the undersigned receive payment for their work performed and

materials furnished for the construction, erection, alteration or repair upon the land.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY - MECHANICS' LIENS

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     This act would provide the notice under the provisions of the mechanics' lien law maybe

provided in a written contract or a separate document incorporated in a written contract prior to or

within ten (10) days of commencing physical work or the land.

     This act would take effect upon passage.

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LC004244

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