Page 43 - State Law Summary of Mechanic's Lien Law

Rhode Island RI

What is the statutory authority?
R.I. Gen. Laws § 34-28-1 et. seq.
What is the Attachment Date of the Mechanic’s Lien?
Lien attaches as of the date the work commences or materials are furnished to
the land. The lien is void and lost unless the holder of the lien records the notice of
intention. R.I. Gen. Laws §§ 34-28-1(a) and 34-28-4(a).
What constitutes visible commencement of construction?
The furnishing of work or materials to the project on the land.
What is the priority of the insured construction mortgage/
deed of trust?
A mortgage recorded before any claimant records a notice of intention to claim
lien has priority over mechanic’s liens. R.I. Gen. Laws § 34-28-25(a)(2).

If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.

When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
A claimants mechanic’s lien rights are void and wholly lost unless the person
claiming the lien records a notice of intention in the records of land evidence in the
city or town where the real estate is located using the form specifically set forth
in the statute before or within 200 days from last day of performance of such work
or furnishing of materials, and mails by prepaid registered or certified mail, return
receipt requested, a copy of the notice of intent to the owner of record of the land
before or within that 200-day period. See R.I. Gen. Laws § 34-28-4.

What is the period of enforcement of a filed mechanic’s lien?
A complaint and lis pendens must be filed within 40 days of recording the notice of
intention. The complaint must be filed on the same day as the notice of lis pendens
or within 7 days thereafter. If these steps are not completed within the required
time periods, the lien is void and wholly lost. R.I. Gen. Laws §34-28-10, 11 and 13.

Is there a procedure to bond over the mechanic’s lien(s)?
Yes, a bond can be substituted for the mechanic lien. See R.I. Gen. Laws § 34-28-17
for more information.

Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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