Rhode Island Mechanics Lien
File a Rhode Island mechanics lien to secure payment for construction work. Learn the 200-day notice of intention deadline, the pre-work notice, and enforcement.
Introduction
A Rhode Island mechanics lien is a legal claim recorded against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once perfected, the lien attaches to the property and clouds the title, and can be enforced by a court-ordered sale. Rhode Island protects the right in Chapter 34-28, but the lien only holds if you perfect it on time. A contractor who deals directly with the owner must first give a Notice of Possible Mechanic's Lien before starting work or delivering materials. To perfect the lien, you must mail a Notice of Intention to Claim Lien to the owner and record a copy in the land evidence records before or within 200 days after your last work or materials. You must then file a complaint and a notice of lis pendens within 40 days after recording. DocDraft prepares a Rhode Island mechanics lien and its notices from your project details, and attorney review is available before you record.
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Key Things to Know
- 1
A Rhode Island mechanics lien secures payment against the improved property. Contractors, subcontractors, laborers, and material suppliers who furnished work to improve real property and were not paid can claim one under Chapter 34-28 of the General Laws.
- 2
Direct contractors must give a pre-work notice. Under section 34-28-4.1 a contractor dealing directly with the owner must provide a Notice of Possible Mechanic's Lien before commencing work or delivering materials; material suppliers are excepted from this requirement.
- 3
The lien is perfected within 200 days. Under section 34-28-4 you must mail the owner a Notice of Intention to Claim Lien and record a copy in the land evidence records before or within 200 days after doing the work or furnishing materials.
- 4
You must sue quickly after recording. Under section 34-28-10 the lienholder must file a complaint to enforce and a notice of lis pendens in Superior Court within 40 days after the notice of intention is recorded, or the lien dissolves.
- 5
Rhode Island reads the requirements strictly. Missing the pre-work notice, the 200-day recording deadline, or the tight 40-day suit deadline generally forfeits the lien, though a separate contract claim for the debt may remain.
- 6
The notices use prescribed forms. Section 34-28-4 sets out the Notice of Intention to Claim Lien form, and section 34-28-4.1 prescribes the Notice of Possible Mechanic's Lien, so the wording must track the statute.
- 7
The pre-work notice is the homeowner's shield. Rhode Island imposes no owner-occupied dollar cap; instead the mandatory Notice of Possible Mechanic's Lien warns the owner up front, and a direct contractor who skips it loses the right to claim a lien.
Key decisions before you file
Before you file a Mechanics Lien in Rhode Island, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
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Rhode Island Requirements for Mechanics Lien
Rhode Island Filing Deadline and Office
File the Rhode Island mechanics lien in the correct office, a county recorder or court as Rhode Island requires, within the state's deadline after you last furnish labor or materials. Rhode Island applies the deadline strictly, so filing late or in the wrong office can void the lien.