Conditional Waiver and Release of Claim of Lien Upon Progress Payment
Note: This summary is not
intended to be an all inclusive discussion of Rhode Island's construction
or mechanic's lien laws, but does include basic provisions.
What is a construction or mechanic's lien?
Every State permits
a person who supplies labor or materials for a construction project to
claim a lien against the improved property. While some states differ
in their definition of improvements and some states limit lien claims to
buildings or structures, most permit the filing of a document with the
local court that puts parties interested in the property on notice that
the party asserting the lien has a claim. States differ widely in
the method and time within which a party may act on their lien. Also
varying widely are the requirements of written notices between property
owners, contractors, subcontractors and laborers, and in some cases lending
institutions. As a general rule, these statutes serve to prevent
unpleasant surprises by compelling parties who wish to assert their legal
rights to put all parties who might be interested in the property on notice
of a claim or the possibility of a claim. This by no means constitutes
a complete discussion of construction lien law and should not be interpreted
as such. Parties seeking to know more about construction laws in
their State should always consult their State statutes directly.
Who can file a lien in this State?
The law of Rhode Island
permits contractors, subcontractors, and any party who provides labor and/or
materials to claim a lien as follows. "Whenever any building, canal, turnpike, railroad,
or other improvement shall be constructed, erected, altered, or repaired
by oral or written contract with or at the oral or written request of the
owner, the owner being at the time the owner of the land on which the improvement
is located, or by the husband of such owner with the consent of his wife,
the building, canal, turnpike, railroad, or other improvement, together
with the land, is hereby made liable and shall stand subject to liens for
all the work done by any person in the construction, erection, alteration,
or reparation of such building, canal, turnpike, railroad, or other improvement,
and for the materials used in the construction, erection, alteration, or
reparation thereof, which have been furnished by any person."
How long does a party have to file a lien?
A lien claimant must
provide the property owner with a Notice of Intent to Claim Lien within
one hundred and twenty (120) days after the furnishing of labor and/or materials.
The Notice of Intent also advises the property owner that all that is necessary
for the lien claimant to officially claim a lien is to file the Notice
in the records of land evidence in the city or town where the property
is located.
By what method is a lien filed in this State?
Within one hundred and twenty
(120) days after the providing of labor or materials the lien claimant
must provide the owner with a Notice of Intent to Claim Lien and file a
copy of said lien with the appropriate court.
How long is a lien good for?
A Notice of Intent to
claim a lien is only valid for one hundred and twenty (120) days after filing.
Within that time a lien claimant must file a petition with the court in
conjunction with a Notice of Lis Pendens.
Are liens assignable?
Rhode Island does not
appear to have a statute which addresses whether liens may be assigned to
other parties.
Does this State require or provide for a notice
from subcontractors and laborers to property owners?
Yes. Possible
lien claimants must provide a Notice of Intent to Claim a Lien. The
filing of a petition to enforce the lien must be accompanied by a Notice
of Lis Pendens. Finally, a lien claimant may demand in writing that
the owner or the owner's agent make a direct payment to the lien claimant
through a Demand for Direct Payment form.
Does this State require or provide for a notice
from the property owner to the contractor, subcontractor, or laborers?
No. Rhode Island
law does not provide or require specific notices from the property owner
to contractors, subcontractors, or laborers.
Does this State require a notice prior to starting
work, or after work has been completed?
No. Rhode Island
statutes do not require a Notice of Commencement or a Notice of Completion
as required in some other States.
Does this State permit a person with an interest
in property to deny responsibility for improvements?
No. Rhode Island
statutes do not have a provision which permits the denial of responsibility
for improvements.
Is a notice attesting to the satisfaction of a
lien provided for or required?
No. Rhode Island
statutes do not provide for or require that a lien holder who has been
paid produce or file a notice to that effect.
