2015 -- H 5932

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LC002213

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PROPERTY - MECHANICS' LIENS

     Introduced By: Representatives Edwards, Nunes, Price, and Canario

     Date Introduced: March 19, 2015

     Referred To: House 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 [§§ 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

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

commencement of work on the property, in writing, 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

     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 that notice under the provisions of the mechanics' lien law may be

provided either as incorporated in a written contract, or a separate document incorporated in a

written contract prior to or within ten (10) days of commencing physical work on the property, or

upon delivery of construction, erection, alteration, or repair materials for the property.

     This act would take effect upon passage.

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LC002213

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