Frequently Asked Questions - Rhode Island Mechanics Lien
Rhode Island Lien Documents are Easy to File with LienItNow.com
What is a Rhode Island mechanics' lien ?
In Rhode Island, a mechanics' lien is known as a Notice of Intention to Do Work or Furnish Materials. When a Rhode Island mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. Rhode Island is protective of mechanic's lien rights: contracts barring the filing of a Rhode Island Mechanic's lien or enforcing a mechanic's lien are void as against public policy.
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Who can file a Rhode Island mechanics lien?
Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a Rhode Island construction lien.
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Are pre-lien notices required in order to file a Rhode Island mechanics lien?
LienItNow strongly recommends that everyone provide notice to the owner that they are on the project and that they are performing work or delivering materials. It is, in many circumstances, the only way the owner knows who is performing work, and it's exposure. In Rhode Island, all contractors who have a contract with the Owner are required to provide the Owner with a Notice of Possible Mechanic's Lien, which informs the owner that if the contractor, subcontractors, or suppliers are not paid, a mechanic's lien may be filed against the property. Rhode Island also requires that all parties send a Notice of Intention to Do Work or Furnish Materials within 200 days of performing that work. If payment is not made, filing of that Notice of Intention will perfect the lien.
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Can you file without pre-lien notice?
When should a Rhode Island mechanics lien claim be filed?
Rhode Island mechanics' liens on private property must be filed within 200 days of the last date the lienor provided materials or services to the Project.
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How much does it cost to file a Rhode Island mechanics' lien ?
LienItNow.com prepares, files and serves Rhode Island mechanics' liens for a fee of $290.00.
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Do I need a written contract to file a Rhode Island Mechanics Lien?
A written contract is not required in all cases: the agreement can be written or oral, but Rhode Island does require proof that the owner consented to the improvement. Given the consent requirement, it is advisable to have a written contract or other documents (such as delivery tickets) that will prove the owner's consent. Note that if work is being performed by a tenant or lessee, a lien on the property itself (as opposed to the leasehold interest) can only be filed if the landlord consented to the improvements in writing.
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How does filing a Rhode Island mechanics' lien help me get my money?
The Rhode Island construction lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the lien.
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What is a Rhode Island Stop Notice and why should it be filed
LienItNow.com prepares and serves Rhode Island Stop Notices for a fee of $125.00. A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic's lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.
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What is a Rhode Island Amendment to a mechanics' lien Claim?
LienItNow.com prepares, files and serves Rhode Island Amendments to mechanics' lien Claims for a fee of $250.00. Amendments to a mechanics' lien claim are often needed when something about the claim changes. Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.
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When should a Rhode Island Discharge of mechanics' lien claim be filed?
LienItNow.com prepares, files and serves Rhode Island Discharges of mechanics' lien Claims for a fee of $85.00. Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of mechanics' lien Claim should be filed.
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How much does it cost to file a Rhode Island Extension of a mechanics' lien Claim?
LienItNow.com prepares, files and serves extensions of mechanics' lien Claims for a fee of $85.00. All lien claims expire after a certain period of time, and filing an extension of the mechanics' lien claim prolongs the expiration date. Rhode Island law, however, does not permit an extension of mechanics' lien claims.
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Can I file a Bond Claim on a Rhode Island Project?
LienItNow.com prepares, files and serves Rhode Island Bond Claims for a fee of $275.00. Bond claims can only be filed on a project where the owner, contractor or subcontractor has obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project. The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants' last date of work. Bond claims are as or more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed.
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Do I need to file a Pre-Notice to make a claim against a Rhode Island payment bond?
LienItNow.com prepares, files and serves Rhode Island Pre-Notices for bond claims for a fee of $50.00. Depending on the terms of the payment bond, pre-notices may or may not be required. LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project's bond.
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