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Who releases a mechanics lien in Rhode Island?

Rhode IslandLien ReleasesLien Waivers

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

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:

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