Construction Liens in Rhode Island
Contents
Overview
Sources
R.I. Gen. Laws §§ 34-28-1 et seq.
Authorized Claimants
Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by contract with the owner, the owner being at the time the owner of the land on which the improvement is located 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 (R.I. Gen Laws § 34-28-1(a))
Lien Priority
the priority of persons mailing and filing notices of intention under (this section) shall date from the date of the filing; the lien of the persons shall be senior to any subsequently recorded title, claim, lease, mortgage, attachment, or other lien or encumbrance (except as stated herein), and the lien of such persons shall be junior to any prior recorded title, claim, lease, mortgage, attachment, or other lien or encumbrance (R.I Gen Laws 34-28-25(a)(2))
Notices and Registries
Filing Deadlines
A notice of lien recorded in the land evidence records shall be effective for two hundred (200) days prior to the date of filing.(R.I. Gen Laws § 34-28-9)
Enforcement Deadlines
Any and all liens under the provisions of (this section), regardless of the mailing and filing of a notice of intention under § 34-28-4 or any exemption therefrom, shall be void and wholly lost to any person claiming a lien under those sections, unless the person shall file a complaint to enforce the lien in the superior court for the county in which is situated the land upon which the building, canal, turnpike, railroad, or other improvement is being or has been constructed, erected, altered, or repaired, and unless such person shall also file in the records of land evidence in the city or town in which such land is located a notice of lis pendens (R.I. Gen Laws § 34-28-10 (a))
