Chapter 279
2015 -- S 0968
Enacted 07/15/2015

A N   A C T
RELATING TO PROPERTY - MECHANICS' LIENS

Introduced By: Senators Lombardi, Ciccone, Nesselbush, McCaffrey, and Jabour
Date Introduced: June 03, 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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LC002784
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