Rhode Island construction payment
Rhode Island Mechanics' Lien: Deadlines, Notice and Enforcement
In Rhode Island, anyone not paid for work or materials on a building can claim a lien on the land under R.I. Gen. Laws § 34-28-1. The lien is lost unless a notice of intention is mailed and recorded within 200 days of the work and a Superior Court complaint follows within 40 days of the recording. DiLibero & Associates enforces and defends mechanics' liens from its Providence office.
What a mechanics' lien is and who can claim one in Rhode Island
A mechanics' lien is a claim against real estate for unpaid construction work or materials. Under R.I. Gen. Laws § 34-28-1(a), when a building or other improvement is built, altered or repaired by oral or written contract with the owner, or at the owner's request, the improvement and the land stand subject to liens for all work done and materials furnished by any person. The contract need not be written, and the owner must have owned the land at the time. That reaches general contractors, subcontractors, suppliers and laborers.
Under § 34-28-1(b), a contract clause that purports to bar a notice of intention or any step to enforce a lien is void. A lien waiver signed with or after payment remains valid.
Under § 34-28-4.1, a contractor dealing directly with the owner, other than a material supplier, keeps its lien only if it gave the owner a notice of possible mechanic's lien before starting work, in the written contract or by certified mail, return receipt requested.
Step one: the notice of intention within 200 days
Under R.I. Gen. Laws § 34-28-4(a), the lien is void and wholly lost unless the claimant, before or within 200 days after the work or materials, does two things:
- Mails the notice of intention by prepaid registered or certified mail, return receipt requested, to the owner of record at the last known residence or place of business, or at the land's address if none is known.
- Files a copy in the land evidence records of the city or town where the land is located.
Under § 34-28-4(b), the sworn notice identifies the owner, the land, the work or materials and their approximate value, who the work was done for, and the claimant, and states that the claimant has not been paid. Subsection (c) supplies a form.
Recording perfects the lien only for work done or materials furnished in the 200 days before the recording and afterward. If the mailed notice comes back undelivered, record it with the returned envelope within 30 days after the return and no more than 200 days after the mailing, or the lien is lost.
Section 34-28-4 carves out one group: architects, engineers and their subcontractors, who under § 34-28-7 must mail and record before the later of 200 days after their work or 10 days after the visible start of construction.
Step two: enforcing the lien in Superior Court within 40 days
Under R.I. Gen. Laws § 34-28-10(a), every lien is void and wholly lost unless the claimant also files:
- A complaint to enforce the lien in the Superior Court for the county where the land lies.
- A notice of lis pendens in the land evidence records of the city or town where the land is located.
Both must be filed within 40 days of the recording of the notice of intention; the clock runs from the recording, not from the last day of work or the mailing. The complaint is filed the same day as the lis pendens or within 7 days after it. Missing the 40 days loses the lien, even if more work follows.
Under § 34-28-13, the complaint states the amount claimed, extras, payments and dates of work, recites the steps taken to perfect the lien, describes the property, asks that the improvement be sold to pay the claim, and names the owner of record and every other lien claimant and recorded interest holder.
Rhode Island mechanics' lien deadlines
| Step | Deadline | Source |
|---|---|---|
| Notice of possible mechanic's lien (direct contractor, not a supplier) | Before starting work, in the written contract or by certified mail, return receipt requested | R.I. Gen. Laws § 34-28-4.1 |
| Mail the sworn notice of intention (registered or certified mail, return receipt requested) and record a copy | Before or within 200 days after the work or materials | R.I. Gen. Laws § 34-28-4(a) |
| Notice returned undelivered | Record it with the envelope within 30 days after the return and within 200 days after mailing | R.I. Gen. Laws § 34-28-4(a) |
| Architect, engineer or their subcontractor | Later of 200 days after the work or 10 days after visible start of construction | R.I. Gen. Laws § 34-28-7 |
| Superior Court complaint and notice of lis pendens | Within 40 days of the recording of the notice of intention | R.I. Gen. Laws § 34-28-10(a) |
| Order of the two filings | Complaint the same day as the lis pendens or within 7 days after | R.I. Gen. Laws § 34-28-10(a) |
| Owner posts bond or cash, no complaint yet | Complaint against the surety or clerk within the § 34-28-10 limits | R.I. Gen. Laws § 34-28-17(b)(1) |
| Owner posts bond or cash after the complaint | Amend to add the surety or clerk within 60 days after notice of the order | R.I. Gen. Laws § 34-28-17(b)(2) |
Missing a step ends the lien, though the contract claim for payment remains, with a 10-year limit under R.I. Gen. Laws § 9-1-13(a); see our Rhode Island contract disputes page.
Discharging a lien or defending against one
Bond or cash deposit. Under R.I. Gen. Laws § 34-28-17(a), after a notice of intention or complaint is filed, the owner, lessee or tenant may pay into the Superior Court registry cash equal to all lien claims, including costs, statutory interest and the lien holder's reasonable attorney's fees, or deposit a surety bond in that amount. A justice then enters an ex parte order discharging the notice of intention and lis pendens, and the claim continues against the deposit or bond.
Defects in notice or timing. Each requirement in §§ 34-28-4, 34-28-4.1 and 34-28-10 is a defense: no registered or certified mailing with return receipt; mailing or recording more than 200 days after the work; a missing item or no oath; no notice of possible mechanic's lien from a direct contractor; or a complaint or lis pendens outside the 40 days or the 7-day sequence.
Registration. Under R.I. Gen. Laws § 5-65-4, a contractor may not file a lien, file a board claim, or sue for payment for work on a structure covered by the registration law unless it was registered when it bid or contracted and throughout the work. A court may set that bar aside to avoid a substantial injustice.
Under R.I. Gen. Laws § 5-65-10(a)(6), the board may also revoke, suspend or refuse a registration, after notice and a hearing, where a lien was filed because the registrant wrongfully failed to pay the claimant, and under § 5-65-10(k) unsatisfied mechanics' liens let it double its fines. See our Rhode Island contractor and home improvement disputes page.
Massachusetts mechanics' liens: a short comparison
Massachusetts uses a different multi-step process under M.G.L. c. 254; the table states only what the statute provides.
| Step | What the statute provides | Source |
|---|---|---|
| Notice of contract | Record in the registry of deeds by the earliest of 60 days after a notice of substantial completion, 90 days after a notice of termination, or 90 days after the last labor or materials | M.G.L. c. 254, § 2 |
| Statement of account | Record by the earliest of 90 days after a notice of substantial completion, 120 days after a notice of termination, or 120 days after the last labor or materials | M.G.L. c. 254, § 8 |
| Civil action to enforce | Within 90 days after the statement is filed, in the Superior Court or District Court where the land lies; record an attested copy of the complaint within 30 days | M.G.L. c. 254, §§ 5, 11 |
| Dissolution by bond | A person in interest records a surety bond equal to the lien; the claimant sues on the bond within 90 days after the later of the statement filing or notice of the bond | M.G.L. c. 254, § 14 |
| Summary discharge | Application to the Superior Court or District Court where the land lies to discharge a lien not recorded as the chapter requires; order of notice served at least 7 days before the hearing | M.G.L. c. 254, § 15A |
Which court hears a Rhode Island mechanics' lien case
R.I. Gen. Laws § 34-28-10 requires the complaint in the Superior Court for the county where the land lies, and § 34-28-17 sends bond and deposit motions there too. For Providence County land, that is the Licht Judicial Complex at 250 Benefit Street.
The payment claim is separate. A claim up to $5,000 can be brought in District Court under § 8-8-3(a)(1), or in small claims under § 10-16-1, without any lien; our Rhode Island small claims court guide explains that route.
What to bring
The lien statute runs on dates and documents, so bring:
- The contract, subcontract or purchase order, and any notice of possible mechanic's lien given or received.
- Dates of each work day or delivery and the last day on site, with invoices, change orders and a ledger of payments.
- The owner of record's name, the mailed notice of intention, the return receipt or returned envelope, and the recording date.
- The contractor registration number, and any lien, bond or court papers served on you, with the date received.
Frequently Asked Questions
The sworn notice of intention must be mailed by registered or certified mail, return receipt requested, and recorded in the land evidence records before or within 200 days after the work or materials. A Superior Court complaint and a notice of lis pendens must follow within 40 days of the recording (R.I. Gen. Laws §§ 34-28-4, 34-28-10).
Mail a sworn notice of intention to the owner of record by registered or certified mail, return receipt requested, and record a copy in the land evidence records within 200 days of the work. Within 40 days of recording, file a Superior Court complaint and record a notice of lis pendens, the complaint no more than 7 days after the lis pendens.
Under R.I. Gen. Laws § 34-28-17, the owner may pay cash into the Superior Court registry equal to the lien claims plus costs, statutory interest and the lien holder's reasonable attorney's fees, or deposit a surety bond in that amount, and a justice enters an order discharging the notice of intention and lis pendens. Owners can also defend on a missed 200-day or 40-day deadline, a skipped notice or the contractor's lack of registration.
Yes, for work on a structure covered by the contractor registration law. Under R.I. Gen. Laws § 5-65-4, a contractor cannot file a lien or sue for payment unless it was registered when it bid or contracted and throughout the work. A court may set that bar aside to avoid a substantial injustice.
Under M.G.L. c. 254, the notice of contract is recorded within 90 days and the statement of account within 120 days after the last labor or materials, each sooner if a notice of substantial completion or termination is recorded, and a civil action is filed within 90 days after the statement (c. 254, §§ 2, 8 and 11).
Next step
Unpaid for construction work in Rhode Island, or facing a lien?
Tell us the property, the work dates, what was billed and paid, and whether a notice of intention is recorded. The first consultation is free. We check for conflicts before reviewing the deadlines with you.