Rhode Island Mechanics Lien Form

 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. 

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.  

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.