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Who releases a mechanics lien in Rhode Island?

Anonymous Subcontractor

We have filed our "notice of intention" mechanics lien in Rhode Island. Our customer has reached out to us and we have agreed on payment. Is it appropriate to sign a statement saying once they pay this amount we will release the lien? How do we go about releasing if we haven't enforced (before the 40 days)?

1 reply

Alex Benarroche

Construction Lawyer

Levelset Admin at Levelset

| 334 reviews

Aug 21, 2020

Since you haven't filed a lien claim, and RI notices of intention (NOIs) aren't "filed," it'd be safe to assume that your customer is referring to a lien waiver and release. Given the situation, the best option would be to provide them with a conditional lien waiver and release for final payment. These types of lien waivers will only be effective upon receipt of payment. If the check never clears, your lien rights will still be intact. You can download a free Conditional Lien Waiver form here. Here are some other resources you may find helpful:

NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...

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