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Can a MA remediation contractor file a lien in RI

We are a mold remediation company in MA and performed work in RI. Customer is refusing to pay the balance ($14K). Remediation does not require licensing or building permits; we removed moldy building materials, insulation, etc and cleaned all surfaces. Since this work does not require licensing/registration/permits, are we be able to file a mechanics lien? We do have a home improvement license in MA.

1 reply

Aug 21, 2020

Generally, the organizational location of a construction company has no bearing on their ability to file a lien against a property for work done in another state. However, there are always specific rules and requirements that must be met in order to qualify for mechanics lien protection and to file a valid and enforceable mechanics lien. In Rhode Island, even parties who contract directly with the property owner are required to provide a preliminary notice to retain lien rights. Direct contractors on private projects in Rhode Island must send a notice of possible mechanics lien within 10 days from the commencement of the project. And, additionally, a Notice of Intent to Lien must be sent within the same 200-day time period in which the lien itself must be filed. Further, Rhode Island requires that contractors must be registered to obtain a building permit or to bid on projects and failure to be registered can result in the inability to file a mechanics lien. If the other requirements are met, however, being based in Massachusetts does not preclude a company from filing a mechanics lien in Rhode Island.

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