Rhode Island General Laws
Chapter 34-28 - Mechanics’ Liens
Section 34-28-4. - Notice of intention to claim lien.

§ 34-28-4. Notice of intention to claim lien.
(a) Except as provided in § 34-28-7, any and all liens claimed or that could be claimed under §§ 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 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 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 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 herein below 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 two hundred (200) days prior to the filing and thereafter, but not as to work done or materials furnished by the person before the two hundred (200) days prior to the filing, 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 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 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 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.
NOTARIZATION CLAUSE
Signed and sworn before me this ______ day of ______ ,

History of Section.G.L. 1896, ch. 206, §§ 4-6; P.L. 1906, ch. 1325, § 1; G.L. 1909, ch. 257, §§ 4-6; G.L. 1923, ch. 301, §§ 4-6; G.L. 1938, ch. 445, §§ 4-6; P.L. 1946, ch. 1702, § 1; G.L. 1956, §§ 34-28-4 — 34-28-6; G.L. 1956, § 34-28-4; P.L. 1965, ch. 235, § 1; P.L. 1966, ch. 197, § 1; P.L. 1981, ch. 364, § 1; P.L. 1989, ch. 189, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1; P.L. 2008, ch. 75, § 1; P.L. 2008, ch. 345, § 1.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 34 - Property

Chapter 34-28 - Mechanics’ Liens

Section 34-28-1. - Improvements by consent of owner — Contracts barring enforcement of lien against public policy.

Section 34-28-2. - Improvements by consent of tenant or lessee.

Section 34-28-3. - Improvements by consent of owner of less than freehold.

Section 34-28-3.1. - Materials to include rental or lease of any equipment.

Section 34-28-4. - Notice of intention to claim lien.

Section 34-28-4.1. - Contractors.

Section 34-28-5. - Recording notice of intention.

Section 34-28-6. - Repealed.

Section 34-28-7. - Lien of architect or engineer.

Section 34-28-8. - Land subject to lien.

Section 34-28-9. - Effective period of notice.

Section 34-28-10. - Complaint to enforce lien — Lis pendens notice.

Section 34-28-11. - Contents of lis pendens.

Section 34-28-12. - Recording of lis pendens.

Section 34-28-13. - Form of complaint to enforce lien.

Section 34-28-14. - Notice of complaint to owners and encumbrancers.

Section 34-28-15. - Contents and service of citation to owners and encumbrancers.

Section 34-28-16. - Entry of appearance and filing of account or claim.

Section 34-28-16.1. - Petition to foreclose mortgage.

Section 34-28-16.2. - Proceedings in superior court.

Section 34-28-17. - Dismissal of complaint, notice of lien, and release of lien upon deposit in court.

Section 34-28-17.1. - Dismissal of complaint for other cause.

Section 34-28-18. - Consolidation of proceedings by different lienholders.

Section 34-28-19. - Costs of proceedings.

Section 34-28-20. - Persons entitled to contest claims.

Section 34-28-21. - Decree ordering sale.

Section 34-28-22. - Court instructions as to sale.

Section 34-28-23. - Application of proceeds of sale.

Section 34-28-24. - Master’s bond.

Section 34-28-25. - Priority of liens.

Section 34-28-26. - Subordination or release of lien.

Section 34-28-27. - Direct payment on release of lien.

Section 34-28-28. - Damages on withholding direct payment or consent thereto.

Section 34-28-29. - Form of demand for direct payment.

Section 34-28-30. - Suit on bond to secure payment.

Section 34-28-31. - Application to governmental agencies.

Section 34-28-32. - Contractor excused from completing work upon filing of complaint.

Section 34-28-32.2. - Construction.

Section 34-28-33. - Remedy of chapter not exclusive.

Section 34-28-34. - Definitions.

Section 34-28-35. - Form of real estate description.

Section 34-28-36. - Short title.

Section 34-28-37. - Severability.