reglab/housing_qa huggingface dataset:
RI Gen L § 34-28-1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-1 - Improvements by consent of owner - Contracts barring enforcement of lien against public policy.

§ 34-28-1. Improvements by consent of owner — Contracts barring enforcement of lien against public policy.(a) Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of the owner, the owner being at the time the owner of the land on which the improvement is located, or by the husband of such owner with the consent of his wife, the building, canal, turnpike, railroad, or other improvement, together with the land, is hereby made liable and shall stand subject to liens for all the work done by any person in the construction, erection, alteration, or reparation of such building, canal, turnpike, railroad, or other improvement, and for the materials used in the construction, erection, alteration, or reparation thereof, which have been furnished by any person.(b) A covenant, promise, agreement of understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, or maintenance of a building, structure, appurtenance and appliance, including moving, demolition and excavating connected therewith, purporting to bar the filing of a notice of intention or the taking of any steps to enforce a lien as set forth in this chapter is against public policy and is void and unenforceable. This section shall not preclude a requirement for a written waiver of the right to file a mechanic's lien executed and delivered by a contractor, subcontractor, material supplier, or laborer simultaneously with or after payment for the labor performed or the materials furnished has been made to such contractor, subcontractor, material supplier, or laborer.History of Section.G.L. 1896, ch. 206, § 1; G.L. 1909, ch. 257, § 1; G.L. 1923, ch. 301, § 1; G.L. 1938, ch. 445, § 1; G.L. 1956, § 34-28-1; P.L. 1965, ch. 235, § 1; P.L. 1981, ch. 356, § 1; P.L. 1991, ch. 328, § 1.
RI Gen L § 34-28-2 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-2 - Improvements by consent of tenant or lessee.

§ 34-28-2. Improvements by consent of tenant or lessee.Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of any lessee or tenant thereof, or by the husband of the lessee or tenant with the consent of his wife, the interest and title of the lessee or tenant in the building, canal, turnpike, railroad, or other improvement, and in the land on which the improvement is located, shall stand subject to liens for all the work done by any person in the construction, erection, alteration, or reparation of the building, canal, turnpike, railroad or other improvement, and for the materials used in the construction, erection, alteration, or reparation thereof, which have been furnished by any person, but not the interest or title of the landlord of such lessee or tenant, unless the consent in writing of the landlord is first obtained, assenting to the construction, erection, alteration, or reparation.History of Section.G.L. 1896, ch. 206, § 2; G.L. 1909, ch. 257, § 2; G.L. 1923, ch. 301, § 2; G.L. 1938, ch. 445, § 2; G.L. 1956, § 34-28-2; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1.
RI Gen L § 34-28-3 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-3 - Improvements by consent of owner of less than freehold.

§ 34-28-3. Improvements by consent of owner of less than freehold.Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of the owner, the owner being at the time less than sole owner of the fee simply (including, without restricting the foregoing, a life tenant, tenant in common, joint tenant, and tenant by entirety), or by the husband of the owner with the consent of his wife (and, in the case of a tenant by entirety, no lien shall be had either against the husband's or the wife's interest in the improvement unless the consent is given), the building, canal, turnpike, railroad, or other improvement, together with the title and interest of the owner in the land on which the improvement is located, shall stand subject to liens for all the work done by any person in the construction, erection, alteration, or reparation of such building, canal, turnpike, railroad, or other improvement, and for the materials used in the construction, erection, or reparation thereof, which have been furnished by any person, but not the interest or title of any other owner of an estate in such land, unless the consent in writing of the other owner is first obtained, assenting to the construction, erection, alteration, or reparation.History of Section.G.L. 1896, ch. 206, § 3; G.L. 1909, ch. 257, § 3; G.L. 1923, ch. 301, § 3; G.L. 1938, ch. 445, § 3; G.L. 1956, § 34-28-3; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1.
RI Gen L § 34-28-3.1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-3.1 - Materials to include rental or lease of any equipment.

§ 34-28-3.1. Materials to include rental or lease of any equipment.In addition to any meaning given through judicial interpretation or context, the term "material" or "materials", when used in this chapter shall also include the rental or lease of any equipment.History of Section.P.L. 1997, ch. 361, § 1.
RI Gen L § 34-28-4.1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-4.1 - Contractors.

§ 34-28-4.1. Contractors.No person contracting directly with either the owner of the land, lessee, or tenant of the land, or owner of less than the fee simple, other than material suppliers, as those terms are referred to in §§ 34-28-1, 34-28-2, 34-28-3, shall be entitled to claim a lien under this chapter unless that person shall have provided the following notice to the owner, lessee, or tenant, or owner of less than the fee simple, either incorporated conspicuously in a written contract or sent by certified mail, return receipt requested, any time prior to commencing work or delivery of materials for construction, erection, alteration or repair as set forth in this chapter. The failure of such person contracting directly to give such notice shall not affect the right of any other person performing work or furnishing materials of claiming a lien pursuant to this chapter, provided that the procedures set forth in this chapter are followed. However, such person failing to file such notice shall indemnify and hold harmless any owner, lessee or tenant, or owner of less than the fee simple from any payment or costs incurred on account of any liens claims by those not in privity with them, unless such owner, lessee or tenant, or owner of less than the fee simple shall not have paid such person.NOTICE OF POSSIBLE MECHANIC'S LIENTo: Insert name of owner, lessee or tenant, or owner of less than the fee simple. The undersigned is about to perform work and/or furnish materials for the construction, erection, alterations, or repair upon the land at (INSERT ADDRESS) under contract with you. This is a notice that the undersigned and any other persons who provide labor and materials for the improvement under contract with the undersigned may file a mechanic's lien upon the land in the event of nonpayment to them. It is your responsibility to assure yourself that those other persons under contract with the undersigned receive payment for their work performed and materials furnished for the construction, erection, alteration or repair upon the land.History of Section.P.L. 2006, ch. 630, § 2; P.L. 2015, ch. 258, § 1; P.L. 2015, ch. 279, § 1.
RI Gen L § 34-28-5 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-5 - Recording notice of intention.

§ 34-28-5. Recording notice of intention.Every town clerk and every recorder of deeds, as the case may be, shall, on payment of a fee of eight dollars ($8.00) for each notice of intention, record the notices of intention provided for in § 34-28-4, whether in the form therein provided or not, in a book to be kept by him or her for that purpose, with the time and date when the notices of intention are received and recorded by him or her; he or she shall also maintain an alphabetical index of the owners and lessees or tenants mentioned in all notices of intention, so recorded, provided, however, that the town clerk may refuse for recording any notice of intention which fails to reference the name of the owner of record, or lessee, pursuant to § 34-28-4(b).History of Section.P.L. 1965, ch. 235, § 1; P.L. 1986, ch. 331, § 5; P.L. 1989, ch. 189, § 1; P.L. 1991, ch. 328, § 1.
RI Gen L § 34-28-6 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-6 - Repealed.

§ 34-28-6. Repealed.History of Section.P.L. 1965, ch. 235, § 1; P.L. 1966, ch. 197, § 2; Repealed by P.L. 1991, ch. 328, § 2, effective September 1, 1991.
RI Gen L § 34-28-7 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-7 - Lien of architect or engineer.

§ 34-28-7. Lien of architect or engineer.The lien, under §§ 34-28-1, 34-28-2 or 34-28-3, of any architect or engineer, or of any immediate or mediate subcontractor thereto, for work done in connection with the construction, erection, alteration, or reparation, the result of which is used therein, shall be valid and enforceable under the provisions of this chapter if and only if a notice of intention provided for in § 34-28-4, is mailed and filed in accordance therewith by the architect, engineer, or such subcontractor thereto, the mailing and filing in the land evidence records to be before the later of two hundred (200) days of the performance of the work or ten (10) days after the actual and visible commencement, by excavation or otherwise, of the construction, erection, alteration or reparation.History of Section.P.L. 1965, ch. 235, § 1; P.L. 1966, ch. 197, § 3; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
RI Gen L § 34-28-8 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-8 - Land subject to lien.

§ 34-28-8. Land subject to lien.A notice of intention may be mailed and filed under § 34-28-4 against one or more contiguous parcels of land or parcels of land separated only by a public or private way, provided such parcels are owned, or occupied as lessee or tenant, by the same person or persons, and in such case the lien under the provisions of §§ 34-28-1, 34-28-2, 34-28-3 or 34-28-7 shall be against all of the parcels of land and all of the buildings, canals, turnpikes, railroads, or other improvements thereon in accordance with the tenor of those sections, or against the interest of the lessee or tenant therein, if the work is done or the materials are used on any of the parcels, or in any of the buildings, canals, turnpikes, railroads, or other improvements.History of Section.G.L. 1896, ch. 206, § 20; G.L. 1909, ch. 257, § 20; G.L. 1923, ch. 301, § 20; G.L. 1938, ch. 445, § 20; G.L. 1956, § 34-28-21; G.L. 1956, § 34-28-8; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1.
RI Gen L § 34-28-9 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-9 - Effective period of notice.

§ 34-28-9. Effective period of notice.A notice of lien recorded in the land evidence records pursuant to § 34-28-4 shall be effective for two hundred (200) days prior to the date of filing. A notice of lien shall be effective as to any retainage earned but not paid, for work furnished pursuant to § 34-28-1 et. seq., and said notice of lien shall be effective from commencement of said work. Retainage is a percentage of the total contract amount that is withheld by the owner from the general contractor and by the general contractor from the subcontractor until the entire job is completed and the project is accepted by the owner and by the general contractor, at which time the retainage due is paid.History of Section.P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1; P.L. 2008, ch. 75, § 1; P.L. 2008, ch. 345, § 1.
RI Gen L § 34-28-10 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-10 - Complaint to enforce lien - Lis pendens notice.

§ 34-28-10. Complaint to enforce lien — Lis pendens notice.(a) Any and all liens under the provisions of § 34-28-1, 34-28-2, 34-28-3, or 34-28-7 regardless of the mailing and filing of a notice of intention under § 34-28-4 or any exemption therefrom, shall be void and wholly lost to any person claiming a lien under those sections, unless the person shall file a complaint to enforce the lien, described in § 34-28-13, in the superior court for the county in which is situated the land upon which the building, canal, turnpike, railroad, or other improvement is being or has been constructed, erected, altered, or repaired, and unless such person shall also file in the records of land evidence in the city or town in which such land is located a notice of lis pendens, described in § 34-28-11, the complaint to be filed on the same day as the notice of lis pendens, or within seven (7) days thereafter, and both the complaint and the notice of lis pendens to be filed within forty (40) days of the date of the recording of the notice of intention provided in § 34-28-4 and § 34-28-7. The lien of any person under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 who fails to file a complaint and notice of lis pendens under this section within the required forty (40) day period, shall be void and wholly lost as to work done or materials furnished prior to the two hundred (200) day period, regardless of the fact that the person may thereafter do other work or furnish other materials in the course of the same construction, erection, alteration, or reparation.(b) The power of sale contained in a mortgage on any real property subject to a lien created by this chapter shall not be effected by the filing of a notice of lien as provided in § 34-28-4 and § 34-28-7, provided, however, the power of sale shall be suspended by the filing of a complaint to enforce as provided in this section and the power of sale shall only be exercised thereafter in accordance with the provisions of § 34-28-16.1.History of Section.P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
RI Gen L § 34-28-11 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-11 - Contents of lis pendens.

§ 34-28-11. Contents of lis pendens.(a) The notice of lis pendens required to be filed under § 34-28-10 shall state that the person filing the notice of lis pendens that day has filed or will file within seven (7) days in the superior court a complaint to enforce a mechanics' lien, and shall also contain:(1) The name of the person against whom the complaint has been or will be filed and the relationship of the person to the land upon which the building, canal, turnpike, railroad, or other improvement is being or has been constructed, erected, altered, or repaired;(2) A description of the land by metes and bounds, or by reference to a recorded plat, by tax assessor's lot and plat, or by other legal description;(3) The amount claimed (the value within two hundred (200) days) in the complaint to be due to the plaintiff;(4) The dates of the mailing and of the filing of any notice of intention under § 34-28-4 and renewal notices under § 34-28-9, if any, and the name and address of the person to whom any mailing under § 34-28-4 was made;(5) The name and address of the plaintiff and of his or her attorney, if any.(b) The notice of lis pendens may be in substantially the following form:NOTICE OF LIS PENDENS  All persons are hereby notified that the undersigned this day has filed or will file within seven (7) days hereafter, in the superior court for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County, a complaint to enforce a mechanics' lien against (here insert name of the person against whom the complaint has been or will be filed and his or her relationship to the land), concerning land described as follows: (here insert description of land). The undersigned asserts that there is due to him or her the sum of (here insert the amount claimed) under the mechanics' lien, which is based upon a notice of intention, under § 34-28-4 of the mechanics' lien law, mailed to (here insert name and address of person to whom mailing was made) on (here insert date of mailing) and filed in the records of land evidence of the city or town of (here insert name of city or town) on (here insert date of filing of notice). The attorney for the undersigned is (here insert name and address of attorney). ________________________________________________________(Name and address of person filing notice of lis pendens) History of Section.P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
RI Gen L § 34-28-12 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-12 - Recording of lis pendens.

§ 34-28-12. Recording of lis pendens.Every town clerk and every recorder of deeds, as the case may be, on payment of a fee as provided in § 34-13-7 for each notice of lis pendens, shall record the notices of lis pendens provided for in §§ 34-28-10 and 34-28-11, whether in the form therein provided or not, in the book provided for in § 9-4-9, and shall maintain as part of the index of the book an alphabetical index of the owners or lessees or tenants mentioned in all notices or lis pendens so recorded.History of Section.P.L. 1965, ch. 235, § 1; P.L. 1986, ch. 325, § 2.
RI Gen L § 34-28-13 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-13 - Form of complaint to enforce lien.

§ 34-28-13. Form of complaint to enforce lien.The complaint to enforce a lien, filed under § 34-28-10, shall set forth the particulars of the account or demand for which the plaintiff claims a lien including the amount claimed, extras, payment made, the date or dates upon which work was done or materials furnished, shall recite the actions taken under this chapter by the plaintiff for the perfection of such lien, shall particularly describe the building, canal, turnpike, railroad, improvement, and land, and the estate and title in the improvement upon which the plaintiff claims a lien. It shall include specific dates of performance of the work, providing of materials, nature of each performance, and shall pray that the lien may be enforced against the improvement, and that the improvement may be sold to satisfy the account or demand and all other accounts and demands for which the improvement is liable and stands subject to liens under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7; the complaint shall also name as defendants the owner of record and/or the landlord and lessee, if applicable, under § 34-28-2, and the complaint shall also contain a list of the names and addresses of all persons who have filed notices of intention under § 34-28-4 and a list of all persons who have any 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) with relation to, on or against the building, canal, turnpike, railroad, improvement, or land or any part thereof.History of Section.G.L. 1896, ch. 206, § 9; C.P.A. 1905, § 1141; G.L. 1909, ch. 257, § 9; G.L. 1923, ch. 301, § 9; G.L. 1938, ch. 445, § 9; G.L. 1956, § 34-28-9; G.L. 1956, § 34-28-13; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
RI Gen L § 34-28-14 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-14 - Notice of complaint to owners and encumbrancers.

§ 34-28-14. Notice of complaint to owners and encumbrancers.Upon filing of the complaint, the clerk of the superior court shall, by one advertisement to be inserted in some public newspaper published in the city or town where the property against which the lien is claimed is located, but, if there shall be no public newspaper published in the city or town, then by one advertisement in some public newspaper published in the county where the property is located, which one advertisement shall, with the service of the citation set forth in § 35-28-15, notify all persons having a lien, by virtue of this chapter, or any title, claim, lease, mortgage, attachment, or other lien or encumbrance, or any unrecorded claim on all or any part of the same property, to respond to the court in accordance with § 34-28-15 and § 34-28-16 and make out their demands against the property; and the clerk shall issue a citation to each person whose name appears on the list, made a part of the complaint by § 34-28-13, of all persons who have any 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) on a day certain to respond in accordance with §§ 34-28-15 and 34-28-16 and show cause, if any they have, why the lien should not be allowed and enforced for the amount claimed. The plaintiff shall, at least ten (10) days before the return day of the citation mentioned in § 34-28-15, mail, postage prepaid, a copy of the advertisement provided for in this section (printed, typewritten, or otherwise reproduced) to each person who has filed a notice of intention under § 34-28-4.History of Section.G.L. 1896, ch. 206, § 10; G.L. 1909, ch. 257, § 10; G.L. 1923, ch. 301, § 10; G.L. 1938, ch. 445, § 10; G.L. 1956, § 34-28-10; G.L. 1956, § 34-28-14; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
RI Gen L § 34-28-15 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-28 - Mechanics' Liens|Section 34-28-15 - Contents and service of citation to owners and encumbrancers.

§ 34-28-15. Contents and service of citation to owners and encumbrancers.(a) Every citation issued under § 34-28-14 shall contain a copy of the complaint and shall be served on the parties by a deputy sheriff or constable at least five (5) days before the return day of the citation, by leaving an attested copy at the last and usual place of abode of each of the persons to be cited or by reading the citation in their presence and hearing, if they reside in this state, otherwise by mailing the citation, by registered or certified mail, to the persons prepaid, addressed to their last known residence or place of business, and if no residence or place of business is known, no further service shall be necessary, other than service by advertisement provided for in § 34-28-14.(b) The citation noted in the aforesaid section shall be in a form established by the superior court.History of Section.G.L. 1896, ch. 206, § 11; G.L. 1909, ch. 257, § 11; G.L. 1923, ch. 301, § 11; G.L. 1938, ch. 445, § 11; G.L. 1956, § 34-28-11; P.L. 1959, ch. 89, § 1; G.L. 1956, § 34-28-15; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1; P.L. 2012, ch. 324, § 68.