Rhode Island Mechanics Lien Form
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Get help filing your Rhode Island Mechanics Lien
When unpaid on a construction project in Rhode Island, you may file a mechanics lien. The process for this is to deliver a “Notice of Intention to do Work or Furnish Materials, or Both” to the property owner, and also have it lodged with the county records.
Do not be alarmed, while this is the mechanics lien, it is labeled “Notice of Intention.” That is not a mistake, that is correct. The title of the lien-type document is deceiving in Rhode Island. While the filing effects a mechanics lien, the title of the document suggests that it is simply a notice that work may be performed by the claimant.
This document must be mailed to the property owner by certified mail with return receipt requested. Mailings should be made to the last known residence or place of business of the property owner, or if no such address is known, to the address of the subject land. If the Notice of Intention is returned undeliverable, the Notice of Intention and the envelope shall be filed in the records of land evidence in the city or town in which the land is located within thirty (30) days of its return.
IMPORTANT: Liens are filed in the land evidence records for the city or town where the property is located. There is no “county recorder.” It is for the city/town land evidence record. Therefore, each county, may and should have one or more recorder offices. It’s important to know and figure out exactly which office is correct.
Fill out the form on the right to download your Rhode Island Mechanics Lien Form. Use this form to file a lien in Rhode Island.
Rules and regulations for sending a Rhode Island Mechanics Lien
If unpaid on a project in Rhode Island, a party may file a mechanics lien. While the deadline to file is 200 days from last furnishing, the lien only makes a claim against work performed within those actual 200 days. Therefore, if you wait until the 200th day, you would only get protection for 1 day of services. This deadline marks 200 days from your first furnishing of labor or materials, and so represents the last day on which you can file a lien to protect the labor or material furnished on the 1st day of the project. Each day after this date you wait to file will result in one day at the start of the project for which you may not recover.
After completing the Rhode Island Mechanics Lien Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about Rhode Island Mechanics Lien
Can I file a mechanics lien without a contract?
Hello, and thank you for reaching out.
Check out this Levelset article that addresses your question: https://www.levelset.com/blog/when-is-a-contract-eligible-for-a-lien/. You might find your answer there.
What is the steps to take to enforce a lien
Regarding RI’s mechanic’s lien statute (RIGL 34-28-1), after a notice of intention is recorded, the contractor has to file a complaint in the Superior Court where the property is located to enforcee within 40 days of recording the notice of intention as well as take other
measures including recording of a notice of lis pendens and service on
interested parties. Here is a link to the levelset website regarding the process. Feel free to contact me to discuss further – Tom Dunn, Pierce Atwood LLP, rtdunn@PierceAtwood.com, 401-490-3418.
Can a landscaper file a mechanical lien on my property if he hasn't completed the work.
Landscaping work tends to fall into the gray area with mechanics lien rights. But, if the property was permanently improved by the work done on the property, there's a good chance that mechanics lien rights will be available. What's more, it doesn't look like Rhode Island is a state where a written contract is necessary in order to file a lien claim. Granted, a series of emails could create a binding contract, regardless.
With that being said, lien claimants are generally only able to file their lien to the extent that the property is improved but not paid for. So, a lien claimant generally can't file valid and enforceable mechanics lien claim for amounts they haven't yet earned. Meaning, if all that's unpaid is the work that hasn't been performed, a lien claim likely wouldn't be enforceable. Still, it's possible the lien could find its way into the record. More on what to do with a lien threat, here: I Just Received a Mechanics Lien Threat – What Should I Do Now?
As for whether or not withholding payment was proper - that generally comes down to the agreement. If full payment was supposed to be made prior to completion, then withholding payment due to incomplete work might not be proper. But, if full payment isn't due until the work is fully performed, then it makes all the sense in the world that payment would be withheld. And, if the agreement is silent as to when payments must be made, it makes sense that final payment wouldn't be made until the work is fully complete.
With all of that being said, a payment dispute will likely cost time and money beyond what's owed on the contract, particularly if you'd have to fight a lien against the property. So, finding a way to continue forward - perhaps by negotiating payment terms or a payment plan for the remainder of the project - is probably a good idea.
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Other forms to use in Rhode Island
Rhode Island County Recorders
Looking to file/record a mechanics lien in Rhode Island? You'll need to get your Rhode Island mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Rhode Island. Click on any county to find more information about how to get your lien recorded in that county.
10 Court Street
Bristol, Rhode Island, 2809
3275 Post Rd
Warwick, Rhode Island, 2886
NEWPORT, Rhode Island, 2840
phone: (401) 845-5334
Providence City Hall 25 Dorrance Street Providence Room 508
Providence, Rhode Island, 2903
phone: 401 421 7740 (ask for recorder of deeds
Town Hall, 45 Broad Street
Westerly, Rhode Island, 2891