Chapter 402

2004 -- S 2738

Enacted 07/05/04

 

 

A N A C T

RELATING TO PROPERTY - MECHANICS' LIENS

     

     

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 11, 2004

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 34-28-17.1 of the General Laws in Chapter 34-28 entitled

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

     34-28-17.1. Dismissal of petition for other cause. -- (a) If any person in interest,

including, but not limited to, an owner or contractor, claims: (1) 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

(2) 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 (3) that a notice or other instrument has not been filed or recorded in accordance with the

applicable provisions of section 38-28-1 34-28-1 et seq.; or (4) that for any other reason a

claimed lien is invalid by reason or failure to comply with the provisions of section 38-28-1 34-

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.

      (b) 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 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 section 34-28-

16.1.

     SECTION 2. This act shall take effect upon passage.

     

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LC02690

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