Levelset has filed the lien, we need the next legal step taken
1 reply
Sep 28, 2020
Once a Rhode Island mechanics lien has been filed, it has a relatively short lifespan; just 40 days after the claim was filed. If no action to enforce the claim is filed (and a lis pendens recorded) the claim will expire and no longer be enforceable.
An action to enforce a mechanics lien is a full lawsuit, meaning a proper complaint will need to be submitted to the appropriate Superior Court asserting all potential claims, and naming the appropriate parties. We highly encourage seeking representation from an attorney to help guide you through this process. Also, if the lien claim was filed on behalf of a company or corporation, representation by an attorney will be required.
Resources to find a Rhode Island construction attorney:
As far as the Notice of Lis Pendens is concerned, it can be filed by the claimant, the required contents and form can be found under RI Gen. Laws §34-28-11. However, the notice is generally required to be filed along with the complaint or within a few days prior or afterwards.
In Rhode Island, §34-28-10 requires that the notice of lis pendens may be filed on the same date as the complaint, but the complaint must be filed no later than 7 days after the notice was recorded. Keep in mind, that both of these must be filed before the 40 day expiration period. So time is of the essence. To be sure all of your bases are covered, and the deadlines are met, (again) legal representation is crucial.
Here are some additional resources you may find helpful: