Rhode Island General Laws
Chapter 34-28 - Mechanics’ Liens
Section 34-28-4.1. - Contractors.

§ 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 §§ 34-28-1, 34-28-2, 34-28-3, shall be entitled to claim a lien under this chapter unless that person shall have provided the following notice to the owner, lessee, or tenant, or owner of less than the fee simple, either incorporated conspicuously in a written contract or sent by certified mail, return receipt requested, any time prior to 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 than 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.

History of Section.P.L. 2006, ch. 630, § 2; P.L. 2015, ch. 258, § 1; P.L. 2015, ch. 279, § 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.