| Chapter 258 |
| 2015 -- H 5932 SUBSTITUTE A Enacted 07/15/2015 |
| A N A C T |
| RELATING TO PROPERTY - MECHANICS' LIENS |
| Introduced By: Representatives Edwards, Nunes, Price, and Canario |
| Date Introduced: March 19, 2015 |
| 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, §§ 34-28-1, 34-28-2, 34-28-3, shall be entitled to claim a lien under this chapter |
| unless that person shall have given provided the following notice to the owner, lessee lessee, or |
| tenant, or owner of less than the fee simple simple, either incorporated conspicuously in a written |
| contract or sent in writing, by certified mail, return receipt requested, any time prior to 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 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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| LC002213/SUB A |
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