reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 of
person 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-32. - Contractor excused from completing work upon filing of complaint.

§ 34-28-32. Contractor excused from completing work upon filing of complaint.
Whenever any such building, canal, turnpike, railroad, or other improvement shall be subject to sale under this chapter, from and after the filing of any complaint under §§ 34-28-10 and 34-28-13, any contractor who shall not have fully completed his or her contract in relation to the erection, construction, alteration, or reparation thereof, shall thereafter be excused from completing the contract, unless unreasonable conduct by the contractor has contributed materially to the facts giving rise to the filing of the complaint (in which case the person contracting with the contractor may at his or her option excuse the contractor), but the excuse from completing the contract shall terminate if and when the building, canal, turnpike, railroad, or other improvement and the land on which the improvement exists, shall be released and discharged under the provisions of § 34-28-17, unless unreasonable conduct by the owner or lessee or tenant has contributed materially to the facts giving rise to the filing of the complaint.
History of Section.
G.L. 1896, ch. 206, § 21; G.L. 1909, ch. 257, § 21; G.L. 1923, ch. 301, § 21; G.L. 1938, ch. 445, § 21; G.L. 1956, § 34-28-22; G.L. 1956, § 34-28-32; P.L. 1965, ch. 235, § 1; P.L. 2006, ch. 630, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-32.2. - Construction.

§ 34-28-32.2. Construction.
This chapter is intended to afford a liberal remedy to all who have contributed labor, material, or equipment towards adding to the value of property to which the lien attaches and should be construed accordingly.
History of Section.
P.L. 1991, ch. 328, § 3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-33. - Remedy of chapter not exclusive.

§ 34-28-33. Remedy of chapter not exclusive.
Except as otherwise specified, nothing in this chapter shall be construed to limit the right of any person, whether he or she have a valid lien hereunder or not, to remedies otherwise available to him or her under law; and the rights, if any, of any person who has filed his or her account and demand or claim under § 34-28-16 for any deficiency, or the rights, if any, of any person who has failed to file his or her account and demand or claim thereunder, against any other person (rather than against the property which is the subject matter of any complaint under this chapter) shall not be impaired by the provisions of this chapter. In the event that there is a conflict as to procedures between § 34-28-1 et seq. and the rules of civil procedure, then the procedures noted in § 34-28-1 et seq. shall prevail.
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 2006, ch. 630, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-34. - Definitions.

§ 34-28-34. Definitions.
(a)
“Construction, erection, alteration or reparation” and “constructed, erected, altered or repaired,” as used in this chapter, means excavation and demolition preparatory to actual construction, erection, alteration, or reparation, except where used in the phrase “actual and visible commencement, by excavation or otherwise, of such construction, erection, alteration or reparation,” in §§ 34-28-7 and 34-28-10, which phrase shall be construed to include the excavation or otherwise, but not demolition.
(b)
“Mortgage” as used in this chapter means construction mortgages, so called, which are given to secure the payment of a sum certain which is to be advanced at stated times or intervals.
(c)
“Person” as used in this chapter means corporations, partnerships, or other organizations or entities, except that the words “individual person” means only a natural person.
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 1966, ch. 197, § 5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-35. - Form of real estate description.

§ 34-28-35. Form of real estate description.
Whenever any description of real estate is required under the provisions of this chapter, it shall be deemed sufficient to describe the real estate by metes and bounds description and street address, or by recitation of the taxing authority’s assessor’s plat and lot designation and street address, or by recitation of the book and page of mortgage and street address.
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 2006, ch. 630, § 3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-36. - Short title.

§ 34-28-36. Short title.
This chapter may be cited as the “Rhode Island Mechanics’ Lien Law.”
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 2006, ch. 630, § 3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-37. - Severability.

§ 34-28-37. Severability.
If any part or parts of this chapter shall be held to be unconstitutional, that unconstitutionality shall not affect the validity of the remaining parts of this chapter. The general assembly hereby declares that it would have enacted the remaining parts of this chapter if it had known that the part or parts thereof would be declared unconstitutional.
History of Section.
P.L. 1990, ch. 452, § 1; P.L. 2006, ch. 630, § 3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-29 - Textile Processors’ Liens › Section 34-29-1. - Definitions.

§ 34-29-1. Definitions.
The terms used in this chapter shall be construed as follows, unless other meaning is clearly apparent from the language or context, or unless such construction is inconsistent with the manifest intention of the legislature:
(1)
“Debtor” means all persons, partnerships, and corporations who may be indebted to a “processor” for work and labor performed and materials furnished in and about the business of spinning, throwing, manufacturing, bleaching, mercerizing, dyeing, weighting, printing, finishing, dressing or scraping of linen, cotton, wool, silk, artificial silk, yarns or goods, skins, pelts, furs, or hides or goods of which linen, cotton, wool, silk, artificial silk, skins, pelts, furs, or hides form a component part.
(2)
“Owner” means all persons, partnerships, and corporations having title to the property herein described, either at law or in equity, or having a lien or encumbrance on the same or having any interest whatsoever in the same, excepting the lien of the processor herein created.
(3)
“Processor” means all persons, partnerships, and corporations engaged or that may be engaged in the business of spinning, throwing, manufacturing, bleaching, mercerizing, dyeing, weighting, printing, finishing, dressing, or scraping, or otherwise treating or processing of linen, cotton, wool, silk, artificial silks, yarns, or goods, skins, pelts, furs, or hides, or goods of which linen, cotton, wool, silk, artificial silk, skins, pelts, furs, or hides form a component part.
(4)
“Property” means linen, cotton, wool, silk, artificial silk, yarn or goods, skins, pelts, furs, or hides, or goods of which linen, cotton, wool, silk, artificial silk, skins, pelts, furs, or hides form a component part.
History of Section.
P.L. 1929, ch. 1354, § 1; G.L. 1938, ch. 446, § 1; G.L. 1956, § 34-29-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-29 - Textile Processors’ Liens › Section 34-29-2. - Lien on textiles for processing.

§ 34-29-2. Lien on textiles for processing.
All processors shall be entitled to a lien upon the property of others which may come or may have come into their possession, for the entire indebtedness of the persons, partnership, or corporation for whose account, and to create which indebtedness work and labor was performed or materials furnished in and about the spinning, throwing, manufacturing, bleaching, mercerizing, dyeing, weighting, printing, finishing, dressing, or scraping or otherwise treating or processing, or shipping, trucking, and storing of the property for the debtor.
History of Section.
P.L. 1929, ch. 1354, § 2; G.L. 1938, ch. 446, § 2; G.L. 1956, § 34-29-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-29 - Textile Processors’ Liens › Section 34-29-3. - Priority of lien over owner’s interest.

§ 34-29-3. Priority of lien over owner’s interest.
The lien created hereby shall be paramount to the title, lien, interest, or incumbrance of any owner or owners, as herein defined, unless the owner or owners shall have notified the processor by registered or certified mail of the interest of the owner or owners prior to the time when the processor shall commence to perform work or labor or to furnish materials in and about the activities set forth in § 34-29-2 and prior to the time that any lien on the goods shall have arisen by virtue of the provisions of this chapter; and this paramount right of the processor shall not be surrendered or waived excepting by express written agreement between the parties involved.
History of Section.
P.L. 1929, ch. 1354, § 5; G.L. 1938, ch. 446, § 5; P.L. 1956, ch. 3780, § 1; G.L. 1956, § 34-29-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-29 - Textile Processors’ Liens › Section 34-29-4. - Lien unimpaired by judgment or taking of bill or note for debt.

§ 34-29-4. Lien unimpaired by judgment or taking of bill or note for debt.
The lien shall not be waived, merged, suspended, or impaired by the recovery of any judgment or the taking of any bill or note for the money due for such work, labor, or materials, and such lien may be enforced as though the judgment had not been recovered or the bill or note taken.
History of Section.
P.L. 1929, ch. 1354, § 3; G.L. 1938, ch. 446, § 3; G.L. 1956, § 34-29-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-29 - Textile Processors’ Liens › Section 34-29-5. - Sale of goods — Notice — Disposition of proceeds.

§ 34-29-5. Sale of goods — Notice — Disposition of proceeds.
When any processor may have a lien upon the goods and property of others that may have come into their possession, and the amount due shall remain due and unpaid either in whole or in part, for two (2) months after the lien becomes due and payable, it shall be lawful for the processor to expose the goods and property for sale, and sell at public auction, upon notice of sale being first published for two (2) weeks at least once in each week, preceding the day of sale, in some newspaper published in the county in which the goods or property are located, and a copy of the printed notice being mailed to the owner or owners, if known, at least five (5) days before the day of sale, if their post office addresses can be ascertained; and the proceeds of the sale shall be applied to the payment of the lien and the expenses of the sale; and no more of the goods or property shall be sold, if easily separated or divided, than shall be necessary, as near as may be, to pay the lien and expenses, and the balance of the proceeds of sale of the goods or property, if any, shall be paid to those entitled thereto. Nothing in this section shall be construed to be in derogation of the right of the lienor to enforce the lien by any other lawful procedure.
History of Section.
P.L. 1929, ch. 1354, § 4; G.L. 1938, ch. 446, § 4; G.L. 1956, § 34-29-5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-29 - Textile Processors’ Liens › Section 34-29-6. - Contractual liens.

§ 34-29-6. Contractual liens.
The lien hereby created is in addition to any lien created by contract. Any contractual lien may be enforced by the same procedure as is provided in this chapter for the statutory lien, insofar as the contract does not provide otherwise.
History of Section.
P.L. 1929, ch. 1354, § 6; G.L. 1938, ch. 446, § 6; G.L. 1956, § 34-29-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-29 - Textile Processors’ Liens › Section 34-29-7. - Severability.

§ 34-29-7. Severability.
In case, for any reason, any section, part of section, clause or provision of this chapter shall be questioned in any court or determined to be unconstitutional or invalid, the clause or provision shall not in any way affect any other section, part of section, clause or provision of this chapter.
History of Section.
P.L. 1929, ch. 1354, § 9; G.L. 1938, ch. 446, § 9; G.L. 1956, § 34-29-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-30 - Jewelers’, Watchmakers’, and Silversmiths’ Liens › Section 34-30-1. - Lien for alteration or repair work.

§ 34-30-1. Lien for alteration or repair work.
Every jeweler, watchmaker, or silversmith who shall alter, repair, or do any work on any article of personal property at the request of the owner or legal possessor thereof shall have a lien upon and may retain the possession of the article until the charges for the alteration, repairing, or other work have been paid.
History of Section.
G.L., ch. 257, § 30, as enacted by P.L. 1919, ch. 1785, § 1; G.L. 1923, ch. 301, § 30; G.L. 1938, ch. 448, § 1; G.L. 1956, § 34-30-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-30 - Jewelers’, Watchmakers’, and Silversmiths’ Liens › Section 34-30-2. - Sale of property to enforce lien.

§ 34-30-2. Sale of property to enforce lien.
If the charge or charges remain unpaid for a period of one year or more any jeweler, watchmaker, or silversmith may sell the article at private or public sale, and the proceeds, after first paying the expense of sale, shall be applied in payment of the charge or charges, and the balance, if any, shall be paid over to the person at whose request the alteration, repairing, or other work was done.
History of Section.
G.L., ch. 257, § 30, as enacted by P.L. 1919, ch. 1785, § 1; G.L. 1923, ch. 301, § 30; G.L. 1938, ch. 448, § 1; G.L. 1956, § 34-30-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-30 - Jewelers’, Watchmakers’, and Silversmiths’ Liens › Section 34-30-3. - Notice of sale.

§ 34-30-3. Notice of sale.
(a)
Before the sale is held, notice in writing must be given to the person from whom the article to be sold was received, of the amount due for such alteration, repair, or other work, and the time and place of sale; if the residence of the person is known the notice must be mailed to his or her last known street address; but if it is unknown then the notice of the sale shall be published at least six (6) days previous to the sale in a newspaper, published in English, in the city or town in which the jeweler, watchmaker, or silversmith carries on business if the item to be sold has a fair market value in excess of one hundred dollars ($100).
(b)
Fair market value as used in this section shall mean the price a willing buyer would pay to a willing seller and which the seller would accept on the open market.
History of Section.
G.L., ch. 257, § 30; P.L. 1919, ch. 1785, § 1; G.L. 1923, ch. 301, § 30; G.L. 1938, ch. 448, § 1; G.L. 1956, § 34-30-3; P.L. 1988, ch. 178, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-30.1 - Manufacturer’s Mold Lien › Section 34-30.1-1. - Manufacturer’s mold lien.

§ 34-30.1-1. Manufacturer’s mold lien.
Molders shall have a lien on all dies, molds, forms or patterns in their possession belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work and in the value of all material related to such work. The molder may lawfully retain possession of the die, mold, form or pattern until the debts are paid.
History of Section.
P.L. 1998, ch. 265, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-30.1 - Manufacturer’s Mold Lien › Section 34-30.1-2. - Enforcement of lien — Notice.

§ 34-30.1-2. Enforcement of lien — Notice.
(a)
Before enforcing such lien, notice in writing shall be given to the customer either by delivering the notice personally or sending the notice by registered mail to the last known address of the customer. This notice shall state that a lien is being claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or performed for the customer. This notice shall also include a demand for payment in a specific amount.
(b)
If the molder has not been paid the amount due within sixty (60) days after the notice has been received by the customer as provided in § 34-30.1-2(1), the molder may sell the die, mold, form or pattern at a public auction and retain the proceeds.
History of Section.
P.L. 1998, ch. 265, § 1; P.L. 2011, ch. 363, § 17.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-30.1 - Manufacturer’s Mold Lien › Section 34-30.1-3. - Notice of sale.

§ 34-30.1-3. Notice of sale.
(a)
Prior to the sale at public auction the molder shall notify the customer by registered mail return receipt requested. The notice shall include the following information:
(1)
The molder’s intention to sell the die, mold, form or pattern thirty (30) days after the customer’s receipt of the notice.
(2)
A description of the die, mold, form or pattern to be sold.
(3)
The time and place of the sale.
(4)
An itemized statement of the amount due.
(b)(1)
If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder’s intention to sell the die, mold, form or pattern in a newspaper of general circulation in the city or town of the customer’s last known place of business. The notice shall include a description of the die, mold, form or pattern.
(c)
If the sale is for a sum greater than the amount of the lien, the excess shall be paid to any prior lienholder of which the molder has actual knowledge at the time of sale and any remainder to the customer, if the customer’s address is known, or to the state treasurer for deposit in the general fund if the customer’s address is unknown to the molder at the time of the sale.
History of Section.
P.L. 1998, ch. 265, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-30.1 - Manufacturer’s Mold Lien › Section 34-30.1-4. - Sale in violation of federal patent or copyright law.

§ 34-30.1-4. Sale in violation of federal patent or copyright law.
(a)
If any sale is made under this chapter in violation of any right of a customer under federal patent or copyright law said sale shall be void and unenforceable and all proceeds shall be returned to the customer.
(b)
A lien under this chapter does not take priority over and shall be subject to an existing perfected security interest.
History of Section.
P.L. 1998, ch. 265, § 1; P.L. 2011, ch. 363, § 17.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-31 - Launderers’ and Cleaners’ Lien › Section 34-31-1. - Lien for service and storage charges.

§ 34-31-1. Lien for service and storage charges.
Every launderer or cleanser who shall launder, cleanse or store any article of apparel or other personal property at the request of the owner or legal possessor thereof shall have a lien on and may retain the possession of the article until the charges for such laundering, cleansing or storage have been paid.
History of Section.
P.L. 1955, ch. 3529, § 1; G.L. 1956, § 34-31-1.