Rhode Island Lien Waiver Rules
- Rules At A Glance
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No Specific Form
No specific form is required in order for a lien waiver to be effective in Rhode Island.
Notarization Not Required
Rhode Island lien waivers do not need to be notarized, all that is required is the signature of the waiving party.
Cannot Waive Rights in Contract
Rhode Island does not allow future lien rights to be waived through contract.
Cannot Waive Rights Before Payment
Rhode Island prohibits the waiver of lien rights prior to payment. Waivers may be delivered simultaneously with payment.
The content of Rhode Island waivers is mostly unregulated, but the timing is subject to specific requirements.
In Rhode Island, there aren’t specific laws that detail what language must or should be included on a lien waiver in order for it to be effective. Rhode Island not only isn’t one of the 12 states with statutory forms, but it also doesn’t mentioned the content of lien waivers at all. Parties on an Rhode Island construction project, therefore, have quite a bit of freedom with respect to what their lien waivers say and how they are formatted.
There are, however, more specific limitations on how and when contractors, subcontractors, and suppliers can waive their lien rights in Rhode Island. Since lien rights are a policy right of contractors and suppliers, Rhode Island has enacted protections to make sure those rights aren’t unfairly side-stepped. for example rhode Island does not allow lien waivers to be included in a contract or even before payment is provided.
Rhode Island law specifies that a contractual clause in a construction contract that attempts to bar or impair mechanics lien rights is against public policy and is void. In addition, a lien waiver is void if payment is not received. However a lien waiver is allowed to be delivered after or at the same time payment is made.
The resources, forms, guides, and frequently asked questions about Rhode Island Lien Waivers on this page will help you get it right.