Chapter
630
2006 -- S 3071 AS AMENDED
Enacted 07/14/06
A N A
C T
RELATING TO PROPERTY
-- MECHANICS' LIENS
Introduced By: Senators J
Montalbano, McCaffrey, and McBurney
Date Introduced: May 03,
2006
It is enacted
by the General Assembly as follows:
SECTION
1. Sections 34-28-4, 34-28-7, 34-28-9, 34-28-10, 34-28-11, 34-28-13, 34-28-
14,
34-28-15, 34-28-16, 34-28-16.2, 34-28-17, 34-28-17.1, 34-28-18, 34-28-20,
34-28-21, 34-28-
32 and 34-28-33
of the General Laws in Chapter 34-28 entitled "Mechanics' Liens" are
hereby
amended
to read as follows:
34-28-4.
Notice of intention to claim lien. -- (a) Except as provided in section
34-28-7,
any and
all liens claimed or that could be claimed under sections 34-28-1, 34-28-2 or
34-28-3
shall be
void and wholly lost to any person claiming under those sections unless the
person shall,
before
or within one hundred and twenty (120) two hundred (200) days
after the doing of such
work or
the furnishing of such materials, mail by prepaid registered or certified mail,
in either
case
return receipt requested, a notice of intention, hereinafter described, to do
work or furnish
material,
or both, together with a statement that the person so mailing may within one
hundred
twenty
(120) two hundred (200) days
after the doing of the work or the furnishing of the
materials,
file a copy of such notice of intention in the records of land evidence in the
city or town
in which
the land generally described in such notice of intention is located and a
further statement
that the
mailing of the notice of intention and the filing of the copy will perfect a
lien of the
person
so mailing against the land under and subject to the provisions of this
chapter, to the
owner of
record of the land at the time of the mailing, or, in the case of a lien
against the interest
of any
lessee or tenant, to the lessee or tenant, the mailing to be addressed to the
last known
residence
or place of business of the owner or lessee or tenant, but if no residence or
place of
business
is known or ascertainable by the person making the mailing by inquiry of the
person
with
whom the person making the mailing is directly dealing or otherwise, then the
mailing under
this
section shall be to the address of the land, and also shall before or within one
hundred twenty
(120) two hundred (200) days after the doing of the
work or the furnishing of the materials file a
copy of
the notice of intention in the records of land evidence in the city or town in
which the
land
generally described in the notice of lien is located. The mailing of the notice
of intention and
the
filing of the copy in the land evidence records together with the mailing of
another copy
thereof
as hereinbelow provided shall perfect, subject to other sections of this
chapter, the lien of
the
person so mailing and filing as to work done or materials furnished by the
person during the
one
hundred and twenty (120) two
hundred (200) days prior to the mailing and thereafter, but not
as to
work done or materials furnished by the person before the one hundred and
twenty (120)
two
hundred (200) days prior to the
mailing, any lien for which shall be void and wholly lost. In
the
event that the notice of intention, having been mailed, shall be returned to
the person mailing
the
notice, not having been delivered for any reason, the lien of the person so
mailing shall be
void and
wholly lost, notwithstanding any other provision of this section, unless such
person
shall,
within thirty (30) days after the return of the notice of intention, and in no
event more than
one
hundred twenty (120) two hundred
(200) days after the mailing of the notice, file the notice
together
with the envelope in which the notice was returned, in the place and manner and
with the
consequences
hereinbefore provided for the filing of a copy of the notice of intention, and
the
filing
shall be in lieu of any filing required at any other time under this section.
(b) The notice of intention shall be executed under oath and shall contain:
(1) The name of the owner of record of the land at the time of the mailing, or
in the case
of a
lien against the interest of any lessee or tenant, the name of the lessee or
tenant, and the
mailing
address of the owner or lessee, the name and address to be located at the upper
left hand
corner
of the notice, in addition to the text of the notice, as described in
subsection (c);
(2) A general description of the land sufficient to identify it with reasonable
certainty,
including,
for example only, street name and number, if available;
(3) A general description of the nature of the work done or to be done, or of
the materials
furnished,
or to be furnished, or both, and the approximate value thereof as of the date
of the
notice;
(4) The name and address of the person or persons for whom directly the work
has been
done or
is to be done, or to whom directly the materials have been furnished or are to
be
furnished;
(5) The name and address of the person mailing the notice and the name of the
individual
person
or persons whose signature will bind the person so mailing on all matters
pertaining to the
notice
or any lien claimed thereunder, or release thereof.
(6) A statement that the person mailing the notice has not been paid for the
work done or
materials
furnished or both.
(c) The notice may be in substantially the following form:
______________________________________________________________________________
(Name of
owner of record/Lessee)
______________________________________________________________________________
(Address
of owner/Lessee)
NOTICE OF INTENTION TO DO WORK OR
FURNISH MATERIALS, OR BOTH
All
persons are hereby notified that the undersigned has within the one hundred
and
twenty
(120) two hundred (200) days
prior to the mailing hereof done work, furnished materials,
or both,
and/or intends to do so in the future (cross out inappropriate words), in the
construction,
erection,
alteration, or preparation of an improvement on land described as follows:
(here insert
description)
and that the land is owned by or leased to (here insert name of owner or lessee
or
tenant).
The nature of the work being done or materials being furnished is as follows:
(here insert
general
description of the nature of the work or materials, or both) and is being done
for or
furnished
to (here insert name of person or persons for whom directly the work is being
done or
to whom
directly the materials are being furnished), whose address is (here insert
address).
The
approximate value of said work or materials is, as of the date of the notice, $
(include
amount),
itemized as follows: and the
undersigned has not been paid for the work or materials or
both;
The undersigned authorizes (here insert name or names) to act or sign documents
in behalf
of the
undersigned in all matters pertaining to this notice, or any lien claimed
hereunder, or
release
thereof. You are hereby informed that the undersigned may within one hundred
twenty
(120) two hundred (200) days of the performance of
the work or furnishing of the materials, file
in the
records of land evidence of the city or town of (here insert name of city or
town) a copy of
this
notice of intention to do work or furnish materials. The filing of the notice
of intention,
together
with this mailing, will perfect a lien against the land described herein, under
and subject
to the
provisions of the Rhode Island Mechanics' Lien Law.
______________________________________________________________________
______________________________________________________________________
(Name and address of person filing notice)
NOTARIZATION CLAUSE ____________________
Signed and sworn before me this ____________ day of ____________,
______________________________________________________________________
Notary
Public
My
Commission Expires:
This notice of intention to claim a lien shall be null and void as to a bona
fide purchaser
for
value, of the land in question, unless the notice is filed in the land evidence
records in the city
or
town where the real estate is located before or within forty (40) days of the
doing of the work
or
the furnishing of the materials.
34-28-7.
Lien of architect or engineer. -- The lien, under sections 34-28-1,
34-28-2 or
34-28-3,
of any architect or engineer, or of any immediate or mediate subcontractor
thereto, for
work
done in connection with the construction, erection, alteration, or reparation,
the result of
which is
used therein, shall be valid and enforceable under the provisions of this
chapter if and
only if
a notice of intention provided for in section 34-28-4, is mailed and filed in
accordance
therewith
by the architect, engineer, or such subcontractor thereto, the mailing and
filing in the
land
evidence records to be before the later of one hundred twenty (120) two
hundred (200) days
of the
performance of the work or ten (10) days after the actual and visible
commencement, by
excavation
or otherwise, of the construction, erection, alteration or reparation.
34-28-9.
Effective period of notice. -- A notice of intention filed under
section 34-28-4
shall
cover all work done on or materials furnished, or both, within
its terms, and shall be
effective
only for one hundred twenty (120) two hundred (200) days from the
date of filing.
34-28-10.
Petition to enforce lien -- Lis pendens notice. Complaint to enforce
lien
Lis
pendens notice. -- (a) Any and
all liens under the provisions of section 34-28-1, 34-28-2, 34-
28-3, or
34-28-7 regardless of the mailing and filing of a notice of intention under
section 34-28-4
or any
exemption therefrom, shall be void and wholly lost to any person claiming a
lien under
those
sections, unless the person shall file a petition complaint to
enforce the lien, described in
section
34-28-13, in the superior court for the county in which is situated the land
upon which the
building,
canal, turnpike, railroad, or other improvement is being or has been
constructed,
erected,
altered, or repaired, and unless such person shall also file in the records of
land evidence
in the
city or town in which such land is located a notice of lis pendens, described
in section 34-
28-11,
the petition complaint to be filed on the same day as the notice
of lis pendens, or within
seven
(7) days thereafter, and both the petition complaint and the
notice of lis pendens to be filed
within one
hundred twenty (120) forty (40) days of the date of the recording of
the notice of
intention
provided in section 34-28-4 and section 34-28-7. The lien of any person under
section
34-28-1,
34-28-2, 34-28-3 or 34-28-7 who fails to file a petition complaint
and notice of lis
pendens
under this section within the required one hundred twenty (120) forty
(40) day period,
shall be
void and wholly lost as to work done or materials furnished prior to the one
hundred
twenty
(120) two hundred (200) day period,
regardless of the fact that the person may thereafter
do other
work or furnish other materials in the course of the same construction,
erection,
alteration,
or reparation.
(b) The power of sale contained in a mortgage on any real property subject to a
lien
created
by this chapter shall not be effected by the filing of a notice of lien as
provided in section
34-28-4
and section 34-28-7, provided, however, the power of sale shall be suspended by
the
filing
of a petition complaint to enforce as provided in this section
and the power of sale shall
only be
exercised thereafter in accordance with the provisions of section 34-28-16.1.
34-28-11.
Contents of lis pendens. -- (a) The notice of lis pendens required to
be filed
under
section 34-28-10 shall state that the person filing the notice of lis pendens
that day has filed
or will
file within seven (7) days in the superior court a petition complaint
to enforce a mechanics'
lien,
and shall also contain:
(1) The name of the person against whom the petition complaint
has been or will be filed
and the
relationship of the person to the land upon which the building, canal,
turnpike, railroad, or
other
improvement is being or has been constructed, erected, altered, or repaired;
(2)
A description of the land by metes and bounds, or by reference to a recorded
plat, by
tax
assessor's lot and plat, or by other legal description;
(3)
The amount claimed (the value within two hundred (200) days) in the petition
complaint to be due to the petitioner plaintiff;
(4)
The dates of the mailing and of the filing of any notice of intention under
section 34-
28-4 and
renewal notices under section 34-28-9, if any, and the name and address of the
person to
whom any
mailing under section 34-28-4 was made;
(5)
The name and address of the petitioner plaintiff and of his or
her attorney, if any.
(b) The notice of lis pendens may be in substantially the following form:
NOTICE OF LIS PENDENS
All
persons are hereby notified that the undersigned this day has filed or will
file within
seven
(7) days hereafter, in the superior court for . . . . . . . . . . County, a petition
complaint to
enforce
a mechanics' lien against (here insert name of the person against whom the petition
complaint has been or will be filed and his or her relationship
to the land), concerning land
described
as follows: (here insert description of land). The undersigned asserts that
there is due to
him or
her the sum of (here insert the amount claimed) under the mechanics' lien,
which is based
upon a
notice of intention, under section 34-28-4 of the mechanics' lien law, mailed
to (here insert
name and
address of person to whom mailing was made) on (here insert date of mailing)
and filed
in the
records of land evidence of the city or town of (here insert name of city or
town) on (here
insert
date of filing of notice). The attorney for the undersigned is (here insert
name and address
of
attorney.
______________________________________________________________________________
______________________________________________________________________________
(Name
and address of person filing notice of lis pendens)
34-28-13.
Form of petition to enforce lien. Form of complaint to enforce lien.
-- The
petition complaint to enforce a lien, filed under
section 34-28-10, shall set forth the particulars of
the
account or demand for which the petitioner plaintiff claims a
lien including the amount
claimed,
extras, payment made, the date or dates upon which work was done or materials
furnished,
shall recite the actions taken under this chapter by the petitioner plaintiff
for the
perfection
of such lien, shall particularly describe the building, canal, turnpike,
railroad,
improvement,
and land, and the estate and title in the improvement upon which the petitioner
plaintiff claims a lien. It shall include specific dates of
performance of the work, providing of
materials,
nature of each performance, and shall pray that the lien may be enforced
against the
improvement,
and that the improvement may be sold to satisfy the account or demand and all
other
accounts and demands for which the improvement is liable and stands subject to
liens under
section
34-28-1, 34-28-2, 34-28-3 or 34-28-7; the complaint shall also name as
defendants the
owner
of record and/or the landlord and lessee, if applicable, under section 34-28-2,
and the
petition complaint shall also contain a list of the
names and addresses of all persons who have
filed
notices of intention under section 34-28-4 and a list of all persons who have
any recorded
title,
claim, lease, mortgage, attachment or other lien or encumbrance (other than
under section
34-28-1,
34-28-2, 34-28-3 or 34-28-7) with relation to, on or against the building,
canal, turnpike,
railroad,
improvement, or land or any part thereof.
34-28-14.
Notice of petition to owners and encumbrancers. Notice of complaint to
owners
and encumbrancers. -- Upon filing
of the petition complaint, the clerk of the superior
court
shall, by one advertisement to be inserted in some public newspaper published
in the city or
town
where the property against which the lien is claimed is located, but, if there
shall be no
public
newspaper published in the city or town, then by one advertisement in some
public
newspaper
published in the county where the property is located, which one advertisement
shall,
with the
service of the citation set forth in section 35-28-15, notify all persons
having a lien, by
virtue
of this chapter, or any title, claim, lease, mortgage, attachment, or other
lien or
encumbrance,
or any unrecorded claim on all or any part of the same property, to respond to
the
court in accordance with section 34-28-15 and
section 34-28-16 to the court on the return day of
the
citation mentioned in section 34-28-15,
and make out their demands against the property; and
the
clerk shall issue a citation to each person whose name appears on the list,
made a part of the
petition complaint by section 34-28-13, of all persons
who have any recorded title, claim, lease,
mortgage,
attachment, or other lien or encumbrance (other than under section 34-28-1,
34-28-2,
34-28-3,
or section 34-28-7) on a day certain to respond in accordance with sections
34-28-15 and
34-28-16
and show cause, if any they have, why the lien should not be allowed and
enforced for
the
amount claimed. The petitioner plaintiff shall, at least ten (10)
days before the return day of
the
citation mentioned in section 34-28-15, mail, postage prepaid, a copy of the
advertisement
provided
for in this section (printed, typewritten, or otherwise reproduced) to each
person who
has
filed a notice of intention under section 34-28-4.
34-28-15.
Contents and service of citation to owners and encumbrancers. (a)
Every
citation
issued under section 34-28-14 shall contain the substance a copy
of the petition complaint
and
shall be served on the parties by a sheriff or deputy sheriff or constable at
least ten (10) five
(5) days before the return day of the citation, by
leaving an attested copy at the last and usual
place of
abode of each of the persons to be cited or by reading the citation in their
presence and
hearing,
if they reside in this state, otherwise by mailing the citation, by registered
or certified
mail, to
the persons prepaid, addressed to their last known residence or place of
business, and if
no
residence or place of business is known, no further service shall be necessary,
other than
service
by advertisement provided for in section 34-28-14.
(b)
The citation noted in the aforesaid section shall be in a form established by
the
superior
court.
34-28-16.
Entry of appearance and filing of account or claim. -- (a) The liens,
under
section
34-28-1, 34-28-2, 34-28-3 or 34-28-7, of all persons, except the persons who
have mailed
and
filed notices of intention under section 34-28-4 before the filing of the petition
complaint and
who have
not been mailed a copy of the advertisement as provided in section 34-28-14 and
who
have no
actual knowledge, on or before the return day of the citation provided for in
sections 34-
28-14
and 34-28-15, of the pendency of the petition complaint, and the
title, claim, lease,
mortgage,
attachment, or other lien or encumbrance of all persons who have any title,
claim,
lease,
mortgage, attachment, or other lien or encumbrance (other than under section
34-28-1, 34-
28-2,
34-28-3 or 34-28-7) to or in the property which is the subject matter of the petition
complaint, except the persons who have recorded the lien or
encumbrance before the filing of the
petition complaint and who have not been served with or
mailed a citation as provided in section
34-28-15
and who have no actual knowledge, on or before the return day, of the pendency
of the
petition complaint, shall be subordinated to the claim
of the petitioner plaintiff, and persons
claiming
liens pursuant to this chapter, and any other person having any mortgage, attachment,
or
other
lien or encumbrance who have entered an appearance as a party in the cause,
unless the
person
shall, within twenty (20) days after the return day, or within such other time
as may be
allowed
by the superior court pursuant to Rule 60(b) of the Superior Court Rules of
Civil
Procedure
enter an appearance as a party in the cause commenced by the petition complaint
described
in sections 34-28-10 and 34-28-13 and shall file an answer as follows:.
(1) In the case of persons claiming a lien under section 34-28-1, 34-28-2,
34-28-3 or 34-
28-7,
file an account and demand containing the matters provided in section 34-28-13
for a
petition complaint to enforce a lien, except that the account
and demand need not contain a list of
the
names and addresses of the persons who have filed notices of intention under
section 34-28-4,
nor a
list of all persons who have any recorded title, claim, lease, mortgage,
attachment, or other
lien or
encumbrance, or
(2) In the case of persons who have any title, claim, lease, mortgage,
attachment, or other
lien or
encumbrance (other than under section 34-28-1, 34-28-2, 34-28-3 or 34-28-7),
file a claim
setting
forth the particulars thereof and praying for the relief and priority to which
the person
shall
deem himself or herself entitled.
(b) Nothing in this section shall, however, bar any claim for a lien under
section 34-28-1,
34-28-2,
34-28-3 or 34-28-7, by any person for work done or materials furnished,
provided the
person
complies with the requirements of this chapter.
34-28-16.2.
Proceedings in superior court. -- After the filing with the court of
Once the
complaint,
described in section 34-28-13, and containing all claims pursuant to section 34-28-16
has
been filed with the court, the
proceedings shall continue pursuant to the rules of civil
procedure,
in a nonjury proceeding.
34-28-17.
Dismissal of petition, notice of lien, and release of lien upon deposit in
court. Dismissal of complaint, notice of lien, and
release of lien upon deposit in court. --
(a) At any time after the recording of a notice of
intention or after the filing of a petition
complaint to enforce a lien under sections 34-28-10 and
34-28-13, the owner or lessee or tenant
of the
land described in the notice or petition complaint may pay into
the registry of the court in
the
county in which the land is located cash equal to the total amount of the
notice of intention
and the
accounts and demands of all persons claiming liens therein under section
34-28-1, 34-28-
2,
34-28-3 or 34-28-7, including costs, interest at the statutory rate and
reasonable attorney's fees
of the
lien holder, or may, in lieu of cash, deposit in the registry of the court the
bond of a surety
company
licensed to do business in this state in the total amount including costs,
interest at the
statutory
rate and reasonable attorney's fees
running to all persons claiming liens under sections
34-28-10
and 34-28-13, and on proper proof of payment or deposit and on motion of the
owner or
lessee
or tenant, any justice of the superior court shall enter ex parte an order
discharging the
notice
of intention and lis pendens and dismissing the cause as to the owner or lessee
or tenant
and as
to all persons having any title, claim, lease, mortgage, attachment or other
lien or
encumbrance
(other than under section 34-28-1, 34-28-2, 34-28-3 or 34-28-7), and on the
entry of
the
order, the building, canal, turnpike, railroad or other improvement and the
land on which the
improvement
is being or has been constructed, erected, altered, or repaired shall be
released and
discharged
from the notices of intentions and accounts and demands, but the rights of all
persons
having
any title, claim, lease, mortgage, attachment or other lien or encumbrance
(other than
under
section 34-28-1, 34-28-2, 34-28-3 or 34-28-7) shall be the same as if no
notices of intention
under
section 34-28-4 had been mailed or filed and as if no petition complaint
under sections 34-
28-10
and 34-28-13 had been filed. In the event that a payment is made into the
registry of court
in
accordance with this section, any person, having a contract directly with the
person making the
payment,
may be permitted, after notice to all parties under the petition complaint
and after
hearing
in open court, to withdraw from the registry of court the sum of money due to
him or her
under
the contract, provided that the person making the withdrawal first furnish a
bond, payable
to the
clerk of court, with good and sufficient corporate surety, for the repayment of
the amount,
or as
much thereof as may be necessary to satisfy claims thereinafter allowed by the
court.
(b)
Notwithstanding the foregoing provisions, after depositing cash or the bond of
a
surety
company the following shall apply:
(1)
In the event that a notice of intention has been recorded, but no complaint
filed, the
person
or other entity claiming the lien shall file the complaint against the surety
within the time
limits
as noted in section 34-28-10. In the event of a cash deposit as noted in
section 34-28-17,
the
complaint shall be brought against the clerk of the respective superior court
for any deposit
that
is posted in the registry within the time limits as noted in section 34-28-10.
(2)
In the event that the complaint has been filed with the appropriate superior
court, and
after
depositing cash or the bond of a surety company and discharging the notice of
intention and
lis
pendens, and dismissing the cause as noted in this section, the lien plaintiff
shall amend the
complaint,
to include the surety as defendant within sixty (60) days after the person or
entity
claiming
the lien is given notice of the order in regard to the bond. In the event of a
cash deposit
as
noted in section 34-28-17, the complaint shall be amended and brought against
the clerk of the
respective
superior court for any cash deposit that is posted in the registry within sixty
(60) days
after
the person or entity claiming the lien is given notice of this order in regard
to the cash
deposit.
(c)
The complaint filed against a surety pursuant to subsection (b) need not comply
with
any
procedural requirements of sections 34-28-10, 34-28-11, 34-28-12, 34-28-14, or
34-28-15.
34-28-17.1.
Dismissal of petition for other cause. Dismissal of complaint 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 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 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 lien
or. 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.
34-28-18.
Consolidation of proceedings by different lienholders. -- If more than
one
petition complaint under sections 34-28-10 and 34-28-13
are filed against the same or any part of
the same
property, like proceedings shall be had on each, and each petitioner plaintiff
shall give,
upon
motion of any person interested in the petition complaint made at
any time, surety for costs,
unless
he or she is an inhabitant of the state; but all such petitions complaints
against the same or
any part
of the same property shall be consolidated after the returns of the citations,
and shall
proceed
as one.
34-28-20.
Persons entitled to contest claims. -- Every respondent defendant
to any
petition complaint and every person claiming to have a
lien under section 34-28-1, 34-28-2 or 34-
28-3 on
the property described therein or on any part thereof, and every person
claiming an
interest
therein by title, claim, lease, mortgage, attachment, or other lien or
encumbrance, may
contest
the right of the petitioner plaintiff and of all others claiming
a lien under this chapter to
the
property or any part thereof to any lien, as well as the amount of the claim.
34-28-21.
Decree ordering sale. -- The court shall, upon motion made by the petitioner
plaintiff, respondent defendant, or any other
person, party to the proceedings, claiming to have a
lien on
the property or any part thereof under section 34-28-1, 34-28-2, 34-28-3 or
34-28-7, had
any
claim against the property at the time of filing the petition complaint,
or on becoming a party
to the
proceedings, the court shall, by itself or by a master to be appointed by it
for that purpose,
proceed
to ascertain the exact nature and amount of each claim on the property or any
part
thereof,
made by or belonging to any party to the proceedings, the amount of which to be
allowed
and paid
shall be computed on the basis of the value of the property prior to the
construction,
erection,
alteration, or reparation which is the subject matter of the petition complaint,
and the
order in
which, in accordance with section 34-28-25, they should be paid, and, in the
event no
payment has
been made into the registry of the court as provided in section 34-28-17, how
much
of the
property, and especially how much, if any, and what portions of land under and
adjoining
the
same, subject to sale by the provisions of this chapter, should be sold to
satisfy the claims; and
thereupon
the court shall decree the property or some part of it, or the interest of the
person
respondent defendant in the property or some part of it
at the time the lien accrued, to be sold by
and
under the direction of a master to be appointed for that purpose, with
instructions,
restrictions,
and conditions as it shall give in the premises, and the master shall make the
sale in
accordance
with the instructions, restrictions and conditions, free and clear of all titles,
claims,
leases,
mortgages, attachments, or other liens or encumbrances (including all liens
under section
34-28-1,
34-28-2, 34-28-3 or 34-28-7 and all rights of dower and curtesy), except of
persons who
have
rights which are excepted in section 34-28-16 from being void and wholly lost
unless an
appearance
and account and demand or claim is filed in accordance therewith.
34-28-32.
Contractor excused from completing work upon filing of petition.
Contractor
excused from completing work upon filing of complaint. -- Whenever any such
building,
canal, turnpike, railroad, or other improvement shall be subject to sale under
this
chapter,
from and after the filing of any petition complaint under
sections 34-28-10 and 34-28-13,
any
contractor who shall not have fully completed his or her contract in relation
to the erection,
construction,
alteration, or reparation thereof, shall thereafter be excused from completing
the
contract,
unless unreasonable conduct by the contractor has contributed materially to the
facts
giving
rise to the filing of the petition complaint (in which case the
person contracting with the
contractor
may at his or her option excuse the contractor), but the excuse from completing
the
contract
shall terminate if and when the building, canal, turnpike, railroad, or other
improvement
and the
land on which the improvement exists, shall be released and discharged under
the
provisions
of section 34-28-17, unless unreasonable conduct by the owner or lessee or
tenant has
contributed
materially to the facts giving rise to the filing of the petition complaint.
34-28-33.
Remedy of chapter not exclusive. -- Except as otherwise specified,
nothing in
this
chapter shall be construed to limit the right of any person, whether he or she
have a valid lien
hereunder
or not, to remedies otherwise available to him or her under law; and the
rights, if any,
of any
person who has filed his or her account and demand or claim under section
34-28-16 for
any deficiency,
or the rights, if any, of any person who has failed to file his or her account
and
demand
or claim thereunder, against any other person (rather than against the property
which is
the
subject matter of any petition complaint under this chapter)
shall not be impaired by the
provisions
of this chapter. In the event that there is a conflict as to procedures
between section 34-
28-1
et seq. and the rules of civil procedure, then the procedures noted in section
34-28-1 et seq.
shall
prevail.
SECTION
2. Chapter 34-28 of the General Laws entitled "Mechanics' Liens" is
hereby
amended
by adding thereto the following section:
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 of this Chapter, shall be
entitled to
claim
a lien under this chapter unless that person shall have given the following notice
to the
owner,
lessee or tenant, or owner of less than the fee simple in writing, by certified
mail, return
receipt
requested, within ten (10) business days of commencing work or 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
3. Sections 34-28-35, 34-28-36 and 34-28-37 of the General Laws in Chapter
34-28
entitled "Mechanics' Liens" are hereby amended to read as follows:
34-28-35.
Short title. Form of real estate description. -- This
chapter may be cited as
the
"Rhode Island Mechanics' Lien Law." Whenever any description of real estate is required
under
the provisions of this chapter, it shall be deemed sufficient to describe the
real estate by
metes
and bounds description and street address, or by recitation of the taxing
authority's
assessor's
plat and lot designation and street address, or by recitation of the book and
page of
mortgage
and street address.
34-28-36.
Severability. Short title. -- If any part or parts of this
chapter shall be held to
be
unconstitutional, that unconstitutionality shall not affect the validity of the
remaining parts of
this
chapter. The general assembly hereby declares that it would have enacted the
remaining parts
of
this chapter if it had known that the part or parts thereof would be declared
unconstitutional.
This
chapter may be cited as the "Rhode Island Mechanics' Lien Law."
34-28-37.
Form of real estate description. Severability. -- Whenever
any description
of
real estate is required under the provisions of this chapter, it shall be
deemed sufficient to
describe
the real estate by metes and bounds description and street address, or by
recitation of the
taxing
authority's assessor's plat and lot designation and street address, or by
recitation of the
book
and page of mortgage and street address. If any part or parts of this chapter shall be held to
be
unconstitutional, that unconstitutionality shall not affect the validity of the
remaining parts of
this
chapter. The general assembly hereby declares that it would have enacted the remaining
parts
of
this chapter if it had known that the part or parts thereof would be declared
unconstitutional.
SECTION
4. This act shall take effect on October 1, 2006.
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LC03109
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