Do I Need to Issue an Intent to Lien in Rhode Island Before Starting a Construction Lien?
Full Question:
Answer:
No, an intent to lien may be served before work is begun, but it is not required. Please see the following RI statute:
§ 34-28-4. Notice of intention to claim lien. —
(a) Except as provided in § 34-28-7, any and all liens
claimed or that could be claimed under §§ 34-28-1, 34-28-2
or 34-28-3 shall be void and wholly lost to any person
claiming under those sections unless the person shall,
before or within two hundred (200) days after the doing of
such work or the furnishing of such materials, mail by
prepaid registered or certified mail, in either case return
receipt requested, a notice of intention, hereinafter
described, to do work or furnish material, or both, together
with a statement that the person so mailing may within two
hundred (200) days after the doing of the work or the
furnishing of the materials, file a copy of such notice of
intention in the records of land evidence in the city or
town in which the land generally described in such notice of
intention is located and a further statement that the
mailing of the notice of intention and the filing of the
copy will perfect a lien of the person so mailing against
the land under and subject to the provisions of this
chapter, to the owner of record of the land at the time of
the mailing, or, in the case of a lien against the interest
of any lessee or tenant, to the lessee or tenant, the
mailing to be addressed to the last known residence or place
of business of the owner or lessee or tenant, but if no
residence or place of business is known or ascertainable by
the person making the mailing by inquiry of the person with
whom the person making the mailing is directly dealing or
otherwise, then the mailing under this section shall be to
the address of the land, and also shall before or within two
hundred (200) days after the doing of the work or the
furnishing of the materials file a copy of the notice of
intention in the records of land evidence in the city or
town in which the land generally described in the notice of
lien is located. The mailing of the notice of intention and
the filing of the copy in the land evidence records together
with the mailing of another copy thereof as herein-below
provided shall perfect, subject to other sections of this
chapter, the lien of the person so mailing and filing as to
work done or materials furnished by the person during the
two hundred (200) days prior to the filing and thereafter,
but not as to work done or materials furnished by the person
before the two hundred (200) days prior to the filing, any
lien for which shall be void and wholly lost. In the event
that the notice of intention, having been mailed, shall be
returned to the person mailing the notice, not having been
delivered for any reason, the lien of the person so mailing
shall be void and wholly lost, notwithstanding any other
provision of this section, unless such person shall, within
thirty (30) days after the return of the notice of
intention, and in no event more than two hundred (200) days
after the mailing of the notice, file the notice together
with the envelope in which the notice was returned, in the
place and manner and with the consequences hereinbefore
provided for the filing of a copy of the notice of
intention, and the filing shall be in lieu of any filing
required at any other time under this section.
(b) The notice of intention shall be executed under oath and
shall contain:
(1) The name of the owner of record of the land at the time
of the mailing, or in the case of a lien against the
interest of any lessee or tenant, the name of the lessee or
tenant, and the mailing address of the owner or lessee, the
name and address to be located at the upper left hand corner
of the notice, in addition to the text of the notice, as
described in subsection (c);
(2) A general description of the land sufficient to identify
it with reasonable certainty, including, for example only,
street name and number, if available;
(3) A general description of the nature of the work done or
to be done, or of the materials furnished, or to be
furnished, or both, and the approximate value thereof as of
the date of the notice;
(4) The name and address of the person or persons for whom
directly the work has been done or is to be done, or to whom
directly the materials have been furnished or are to be
furnished;
(5) The name and address of the person mailing the notice
and the name of the individual person or persons whose
signature will bind the person so mailing on all matters
pertaining to the notice or any lien claimed thereunder, or
release thereof.
(6) A statement that the person mailing the notice has not
been paid for the work done or materials furnished or both.
(omitted)