reglab/housing_qa huggingface dataset:
RI Gen L § 34-28-16 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-16 - Entry of appearance and filing of account or claim.

§ 34-28-16. Entry of appearance and filing of account or claim.(a) The liens, under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, of all persons, except the persons who have mailed and filed notices of intention under § 34-28-4 before the filing of the complaint and who have not been mailed a copy of the advertisement as provided in § 34-28-14 and who have no actual knowledge, on or before the return day of the citation provided for in §§ 34-28-14 and 34-28-15, of the pendency of the complaint, and the title, claim, lease, mortgage, attachment, or other lien or encumbrance of all persons who have any title, claim, lease, mortgage, attachment, or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7) to or in the property which is the subject matter of the complaint, except the persons who have recorded the lien or encumbrance before the filing of the complaint and who have not been served with or mailed a citation as provided in § 34-28-15 and who have no actual knowledge, on or before the return day, of the pendency of the complaint, shall be subordinated to the claim of the plaintiff, and persons claiming liens pursuant to this chapter, and any other person having any mortgage, attachment, or other lien or encumbrance who have entered an appearance as a party in the cause, unless the person shall, within twenty (20) days after the return day, or within such other time as may be allowed by the superior court pursuant to Rule 60(b) of the Superior Court Rules of Civil Procedure enter an appearance as a party in the cause commenced by the complaint described in §§ 34-28-10 and 34-28-13 and shall file an answer as follows:(1) In the case of persons claiming a lien under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, file an account and demand containing the matters provided in § 34-28-13 for a complaint to enforce a lien, except that the account and demand need not contain a list of the names and addresses of the persons who have filed notices of intention under § 34-28-4, nor a list of all persons who have any recorded title, claim, lease, mortgage, attachment, or other lien or encumbrance, or(2) In the case of persons who have any title, claim, lease, mortgage, attachment, or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7), file a claim setting forth the particulars thereof and praying for the relief and priority to which the person shall deem himself or herself entitled.(b) Nothing in this section shall, however, bar any claim for a lien under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, by any person for work done or materials furnished, provided the person complies with the requirements of this chapter.History of Section.P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
RI Gen L § 34-28-16.1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-16.1 - Petition to foreclose mortgage.

§ 34-28-16.1. Petition to foreclose mortgage.At any time after the filing of a petition under § 34-28-10, the holder of a mortgage having a priority over liens existing under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 may petition the court to exercise the power of sale contained in the mortgage and the court shall grant the petition to foreclose, after notice to all interested parties and hearing thereon, upon a showing by the mortgagee that the mortgage is valid, entitled to priority and is in default, except for a default arising from the filing of a petition to enforce pursuant to § 34-28-10.History of Section.P.L. 1989, ch. 540, § 1; P.L. 1991, ch. 328, § 1.
RI Gen L § 34-28-16.2 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-16.2 - Proceedings in superior court.

§ 34-28-16.2. Proceedings in superior court.Once the complaint, described in § 34-28-13, and containing all claims pursuant to § 34-28-16 has been filed with the court, the proceedings shall continue pursuant to the rules of civil procedure, in a nonjury proceeding.History of Section.P.L. 1991, ch. 328, § 3; P.L. 2006, ch. 630, § 1.
RI Gen L § 34-28-17.1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-17.1 - Dismissal of complaint for other cause.

§ 34-28-17.1. Dismissal of complaint for other cause.(a) If any person in interest, including, but not limited to, an owner or contractor, claims: (1) that any person who has provided labor, materials or equipment or has agreed to provide funding, financing or payment for labor or materials or equipment refuses to continue to provide such funding, financing or payment for labor materials solely because of the filing or recording of a notice of intention; or (2) it appears from the notice of intention that the claimant has no valid lien by reason of the character of or the contract for the labor, materials or equipment and for which a lien is claimed; or (3) that a notice or other instrument has not been filed or recorded in accordance with the applicable provisions of § 34-28-1 et seq.; or (4) that for any other reason a claimed lien is invalid by reason or failure to comply with the provisions of § 34-28-1 et seq., then in such event, such person may apply forthwith to the superior court for the county where the land lies for an order to show cause why the lien in question is invalid, or otherwise void, or the basis of the lien is without probability of a judgment rendered in favor of the lienor. A mortgage holder or servicer is not a necessary party under this section and shall not be named as a party in any such application or order of notice.(b) An order of notice to appear and show cause why the relief demanded in the complaint should not be granted shall be served upon the necessary parties no later than one week prior to the date of the scheduled hearing. If the necessary parties cannot be found, such service may be made as the court shall direct. The application shall be made upon a verified complaint accompanied by other written proof of facts upon which the application is made. Upon granting or denying the application, the court shall enter an order or judgment as applicable on the matter involved. Nothing herein shall affect the validity of, or otherwise modify or alter, the mortgage contract nor otherwise affect, alter or modify the mortgage holder's rights under § 34-28-16.1.History of Section.P.L. 2003, ch. 269, § 1; P.L. 2003, ch. 299, § 1; P.L. 2004, ch. 402, § 1; P.L. 2006, ch. 630, § 1.
RI Gen L § 34-28-18 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-18 - Consolidation of proceedings by different lienholders.

§ 34-28-18. Consolidation of proceedings by different lienholders.If more than one complaint under §§ 34-28-10 and 34-28-13 are filed against the same or any part of the same property, like proceedings shall be had on each, and each plaintiff shall give, upon motion of any person interested in the complaint made at any time, surety for costs, unless he or she is an inhabitant of the state; but all such complaints against the same or any part of the same property shall be consolidated after the returns of the citations, and shall proceed as one.History of Section.G.L. 1896, ch. 206, § 12; G.L. 1909, ch. 257, § 12; G.L. 1923, ch. 301, § 12; G.L. 1938, ch. 445, § 12; G.L. 1956, § 34-28-12; G.L. 1956, § 34-28-18; P.L. 1965, ch. 235, § 1; P.L. 2006, ch. 630, § 1.
RI Gen L § 34-28-19 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-19 - Costs of proceedings.

§ 34-28-19. Costs of proceedings.The costs of the proceedings shall in every instance be within the discretion of the court as between any of the parties. Costs shall include legal interest, costs of advertising, and all other reasonable expenses of proceeding with the enforcement of the action. The court, in its discretion, may also allow for the award of attorneys' fees to the prevailing party.History of Section.G.L. 1896, ch. 206, § 13; G.L. 1909, ch. 257, § 13; G.L. 1923, ch. 301, § 13; G.L. 1938, ch. 445, § 13; G.L. 1956, § 34-28-13; G.L. 1956, § 34-28-19; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 321, § 1.
RI Gen L § 34-28-20 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-20 - Persons entitled to contest claims.

§ 34-28-20. Persons entitled to contest claims.Every defendant to any complaint and every person claiming to have a lien under § 34-28-1, 34-28-2 or 34-28-3 on the property described therein or on any part thereof, and every person claiming an interest therein by title, claim, lease, mortgage, attachment, or other lien or encumbrance, may contest the right of the plaintiff and of all others claiming a lien under this chapter to the property or any part thereof to any lien, as well as the amount of the claim.History of Section.G.L. 1896, ch. 206, § 15; G.L. 1909, ch. 257, § 15; G.L. 1923, ch. 301, § 15; G.L. 1938, ch. 445, § 15; G.L. 1956, § 34-28-15; G.L. 1956, § 34-28-20; P.L. 1965, ch. 235, § 1; P.L. 2006, ch. 630, § 1.
RI Gen L § 34-28-21 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-21 - Decree ordering sale.

§ 34-28-21. Decree ordering sale.The court shall, upon motion made by the plaintiff, defendant, or any other person, party to the proceedings, claiming to have a lien on the property or any part thereof under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, had any claim against the property at the time of filing the complaint, or on becoming a party to the proceedings, the court shall, by itself or by a master to be appointed by it for that purpose, proceed to ascertain the exact nature and amount of each claim on the property or any part thereof, made by or belonging to any party to the proceedings, the amount of which to be allowed and paid shall be computed on the basis of the value of the property prior to the construction, erection, alteration, or reparation which is the subject matter of the complaint, and the order in which, in accordance with § 34-28-25, they should be paid, and, in the event no payment has been made into the registry of the court as provided in § 34-28-17, how much of the property, and especially how much, if any, and what portions of land under and adjoining the same, subject to sale by the provisions of this chapter, should be sold to satisfy the claims; and thereupon the court shall decree the property or some part of it, or the interest of the person defendant in the property or some part of it at the time the lien accrued, to be sold by and under the direction of a master to be appointed for that purpose, with instructions, restrictions, and conditions as it shall give in the premises, and the master shall make the sale in accordance with the instructions, restrictions and conditions, free and clear of all titles, claims, leases, mortgages, attachments, or other liens or encumbrances (including all liens under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 and all rights of dower and curtesy), except of persons who have rights which are excepted in § 34-28-16 from being void and wholly lost unless an appearance and account and demand or claim is filed in accordance therewith.History of Section.G.L. 1896, ch. 206, § 16; G.L. 1909, ch. 257, § 16; G.L. 1923, ch. 301, § 16; G.L. 1938, ch. 445, § 16; G.L. 1956, § 34-28-16; G.L. 1956, § 34-28-21; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
RI Gen L § 34-28-22 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-22 - Court instructions as to sale.

§ 34-28-22. Court instructions as to sale.In every decree of sale the court shall prescribe the notice that shall be given of the sale, and shall also give therein instructions and particular directions as each case may require, and upon application to the court, at any time, further instructions and directions may be given from time to time in relation thereto.History of Section.G.L. 1896, ch. 206, § 22; G.L. 1909, ch. 257, § 22; G.L. 1923, ch. 301, § 22; G.L. 1938, ch. 445, § 22; G.L. 1956, § 34-28-17; G.L. 1956, § 34-28-22; P.L. 1965, ch. 235, § 1.
RI Gen L § 34-28-23 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-23 - Application of proceeds of sale.

§ 34-28-23. Application of proceeds of sale.The proceeds of the sale, after payment of the master's fees, costs and incidental charges as shall be allowed by the court, shall be applied by the master, according to his or her instructions from the court, to the payment of the claims as marshaled and ascertained, and the balance, if any, which shall remain after payment thereof, shall be paid over by the master to the owner or the lessee or tenant of the property, as the case may be.History of Section.G.L. 1896, ch. 206, § 17; G.L. 1909, ch. 257, § 17; G.L. 1923, ch. 301, § 17; G.L. 1938, ch. 445, § 17; G.L. 1956, § 34-28-18; G.L. 1956, § 34-28-23; P.L. 1965, ch. 235, § 1.
RI Gen L § 34-28-24 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-24 - Master's bond.

§ 34-28-24. Master's bond.The court may, in its discretion, require of the master bond or bonds with surety or sureties in such sum and to the person or persons as it may direct, securing the faithful application of the proceeds of sale, and may from time to time remove the master on account of any noncompliance with its order or decree, and appoint a new master in his or her stead.History of Section.G.L. 1896, ch. 206, § 18; G.L. 1909, ch. 257, § 18; G.L. 1923, ch. 301, § 18; G.L. 1938, ch. 445, § 18; G.L. 1956, § 34-28-19; G.L. 1956, § 34-28-24; P.L. 1965, ch. 235, § 1.
RI Gen L § 34-28-25 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-25 - Priority of liens.

§ 34-28-25. Priority of liens.(a) The priority of liens under §§ 34-28-1, 34-28-2, 34-28-3 and 34-28-7 shall be as follows:(1) Except as provided in subdivision (a)(3), as between persons having valid liens under this chapter, all of the lien holders shall share pro rata in the distribution of funds received by deposit under § 34-28-17 or of the proceeds of any sale under § 34-28-21, based on the amount of their claim plus their additional expenses of filing and advertising, if any.(2) Except as provided in subdivision (1), the priority of persons mailing and filing notices of intention under § 34-28-4 shall date from the date of the filing; the lien of the persons shall be senior to any subsequently recorded title, claim, lease, mortgage, attachment, or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7), and the lien of such persons shall be junior to any prior recorded title, claim, lease, mortgage, attachment, or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7). Any person having an existing lien under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 subject to any prior recorded mortgage, attachment, or other lien or encumbrance may pay off the prior mortgage, attachment, or other lien or encumbrance and shall be subrogated to all of the rights of the holder of the prior mortgage, attachment, or other lien or encumbrance.(3) In the event that there shall be recorded any title, claim, lease, mortgage, attachment, or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7) junior to any liens under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 in accordance with subdivision (2) and senior to other liens, then the liens under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 senior to the title, claim, lease, mortgage, attachment, or other lien or encumbrance shall be separated from the liens junior to the lien or encumbrance, and the senior liens shall be senior to the title, claim, lease, mortgage, attachment, or other lien or encumbrance, and the junior liens shall be junior thereto.(b) Priority between persons whose claims are not specifically provided for in this section shall be determined by the court or master in accordance with equity and good conscience.History of Section.P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1.
RI Gen L § 34-28-26 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-26 - Subordination or release of lien.

§ 34-28-26. Subordination or release of lien.Any subordination agreement or release, bearing the signature of any person with authority to sign the agreement or release, or of the person who is designated in a notice of intention under § 34-28-4 as the person whose signature will bind the person filing the notice, which purports to subordinate or release any lien under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 whether for work done or materials furnished prior to the agreement or release, or thereafter, or both, notwithstanding the fact that no consideration is given therefor, shall be enforceable according to its terms, by any other person who has changed his or her position in any way in reliance upon the subordination agreement or release, whether the other person is otherwise obligated to make the change of position or not.History of Section.P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1.
RI Gen L § 34-28-27 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-27 - Direct payment on release of lien.

§ 34-28-27. Direct payment on release of lien.Any person entitled to any lien under § 34-28-1, 34-28-2 or 34-28-3 who releases the lien before receiving payment for the work done or materials furnished forming the basis of the lien, shall be entitled to demand and receive direct payment therefor from the owner or lessee or tenant or other person as may be obligated or permitted to make the payment on behalf of the owner or lessee or tenant, provided that the person entitled to the lien first obtains the written consent of all persons in line of privity between him or her and the owner or other person; on presentation of a proper demand for the payment, the owner or lessee or tenant or other person shall, if satisfied as to the amount thereof, make payment, on proper receipt therefor, and credit shall be given therefor by all persons in line of privity between the owner or other person and the person releasing the lien.History of Section.P.L. 1965, ch. 235, § 1.
RI Gen L § 34-28-28 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-28 - Damages on withholding direct payment or consent thereto.

§ 34-28-28. Damages on withholding direct payment or consent thereto.No person in the line of privity referred to in § 34-28-27 shall unreasonably withhold his or her written consent to a direct payment, nor shall any owner or lessee or tenant or other person referred to in § 34-28-27 unreasonably withhold a direct payment, and, if the person or owner or lessee or tenant or other person shall unreasonably withhold consent therefor or payment thereof, he or she shall be liable for any damages as may accrue as the natural and probable consequences thereof.History of Section.P.L. 1965, ch. 235, § 1.
RI Gen L § 34-28-29 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-29 - Form of demand for direct payment.

§ 34-28-29. Form of demand for direct payment.A demand for direct payment under § 34-28-27 shall be sufficient in substantially the following form:DEMAND FOR DIRECT PAYMENT  To: (here insert name of owner or lessee or tenant, or of other person as may be obligated or permitted to make payments on behalf of the owner or lessee or tenant).  The undersigned hereby releases his or her lien against (here describe the building, canal, turnpike, railroad, or other improvement and the land on which it is situated, which description shall be sufficient to identify it generally with reasonable certainty) owned by or leased to (here insert name of owner or lessee) for work done or materials furnished by the undersigned, as follows:  (Here insert a general description of the work done or materials furnished, with amounts and dates the work was performed).  The undersigned had taken the following steps to perfect the lien: (Here insert the steps taken to perfect the lien under this chapter). The persons in line of privity between you and the undersigned are as follows: (Here insert names of all persons in line of privity). Each of the persons has endorsed his or her approval to this demand. Wherefore, the undersigned demands payment from you of the sum of (here insert amount).___________________(Here insert signature and address ofperson making demand)Approved:________________________________________________________________________________________________________(Here insert signatures of persons in line of privity)Payment received ______________________(For signature of person demanding payment,  when he or she has received the same)History of Section.P.L. 1965, ch. 235, § 1.
RI Gen L § 34-28-30 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-30 - Suit on bond to secure payment.

§ 34-28-30. Suit on bond to secure payment.If any bond is given to secure payment for work done or materials furnished on account of the construction, erection, alteration, or reparation of any building, canal, turnpike, railroad, or other improvement or on account of any contract between the owner or lessee or tenant of the land on which the improvement is or shall be constructed, erected, altered, or repaired and any other person, the bond shall enure to the benefit of any person who does any work in the construction, erection, alteration, or reparation thereof, or who furnishes any materials used for that purpose, and the person doing the work or furnishing the materials may bring suit in his or her own name on the bond against any party thereto, notwithstanding the fact that no notice of intention under § 34-28-4 has been mailed or filed, and, further, notwithstanding the fact that he or she is not a party to the bond or to the contract between the owner or lessee or tenant and other person, and, further, notwithstanding the fact that he or she did not know of or rely on the bond or give any notice to the surety on the bond, and further, notwithstanding the fact that he or she did work or furnished materials for use on any subcontract, mediate or immediate, to such contract between the owner or lessee or tenant and the other person.History of Section.P.L. 1965, ch. 235, § 1.
RI Gen L § 34-28-31 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-31 - Application to governmental agencies.

§ 34-28-31. Application to governmental agencies.No lien under § 34-28-1, 34-28-2 or 34-28-3 shall attach to any building, canal, turnpike, railroad, or other improvement, if the improvement is being constructed, erected, altered, or repaired by or for the state, or any city or town, or any subdivision or agency thereof, or to any land upon which the improvement exists, if the land is owned by the state or any city or town, or any subdivision or agency thereof, but the provisions of § 34-28-30 shall apply to buildings, canals, turnpikes, railroads, or other improvements being so constructed, erected, altered, or repaired.History of Section.P.L. 1965, ch. 235, § 1.