Chapter 269
2003 --
H 6499 SUBSTITUTE A
Enacted
07/17/03
AN ACT
RELATING
TO PROPERTY - MECHANICS' LIENS
Introduced
By: Representatives Lally, Anguilla, Shanley, and Lewiss
Date
Introduced: June 10, 2003
It
is enacted by the General Assembly as follows:
SECTION
1. Chapter 34-28 of the General Laws entitled "Mechanics' Liens" is
hereby
amended
by adding thereto the following section:
34-28-17.1.
Dismissal of petition for other cause. -- (1) If any person in interest,
including,
but not limited to, an owner or contractor claims: (a) 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 provide such funding, financing or payment
for
labor
materials solely because of the filing or recording of a notice of intention;
or (b) it appears
from
the notice of intention that the claimant has no valid lien by reason of the
character of or the
contract
for the labor, materials or equipment and for which a lien is claimed; or (c)
that a notice
or
other instrument has not been filed or recorded in accordance with the
applicable provisions of
R.I.G.L.
38-28-1 et seq.; or (d) that for any other reason a claimed lien is invalid by
reason or
failure
to comply with the provisions of R.I.G.L 38-28-1 et seq., then in such event,
such person
may
apply forthwith to the superior court for the county where the land lies for an
order to show
cause
why the lien in question is invalid, or otherwise void, or the basis of the
lien is without
probability
of a judgment rendered in favor of the lienor. A mortgage holder or servicer is
not a
necessary
party under this section and shall not be named as a party in any such
application or
order
of notice.
(2)
An order of notice to appear and show cause why the relief demanded in the
complaint
should not be granted shall be served upon the necessary parties no later than
one (1)
week
prior to the date of the scheduled hearing. If the necessary parties cannot be
found, such
service
may be made as the court shall direct. The application shall be made upon a
verified
complaint
accompanied by other written proof of facts upon which the application is made.
Upon
granting
or denying the application, the court shall enter an order or judgment as
applicable on
the
matter involved. Nothing herein shall affect the validity of, or otherwise
modify or alter, the
mortgage
contract nor otherwise affect, alter or modify the mortgage holder's rights
under
R.I.G.L.
34-28-16.1.
SECTION
2. This act shall take effect upon passage, and shall apply to all pending
mechanics'
liens, petitions or lien substitutions under chapter 34-28 of "The Rhode
Island
Mechanics'
Lien Law" as of the effective date of this act as well as all mechanics'
liens, petitions
or
lien substitutions under chapter 34-28 of the "Rhode Island Mechanics'
Lien Law" filed after
the effective date of this act.
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LC03375/SUB
A
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