RI Mechanic’s Lien

Securing Mechanic’s Liens in Rhode Island During the COVID-19 Crisis

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The current COVID-19 crisis has complicated all facets of life, including securing mechanic’s liens.  Properly notarizing your lien and recording the lien are crucial steps to securing a valid and enforceable mechanic’s lien in Rhode Island. While Rhode Island has implemented some procedures to remotely notarize documents and in some instances, e-record documents, neither procedure is without its hiccups.

One of the first crucial steps in securing your mechanic’s lien is filing your notice of intention (“NOI”) pursuant to RIGL § 34-28-4.  The statute requires that the NOI be executed under oath.  With mandated office closures and social distancing orders in place for the foreseeable future, how do you go about completing this essential step?  On April 3, 2020, the Rhode Island Secretary of State announced that it is temporarily allowing remote online notarization (“RON”).  RON, while helpful under these circumstances, presents its own headaches.  Here are the steps to get your NOI notarized:

  1. Find a notary who is authorized to

Project Suspended or Payment Delays? Don’t Lose Your Mechanic’s Lien Rights!

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While many construction projects are advancing in a safe manner during the COVID-19 pandemic, some have been suspended by governmental order, like the Cities of Boston and Cambridge, or based upon the direction of the Owner and/or general contractor.

In a recent survey by the AGC (March 17-19), 28% of the respondents reported a project delay ordered by owners and/or governmental bodies.  Of the delays and disruptions, respondents reported various causes including:

    • 16% material/equipment shortage
    • 11% labor shortages (including subcontractor laborers)
    • 18% labor shortages from authorities having jurisdiction (AHJ) for inspections, permits, certificates of occupancy

(The AGC is proving to be an invaluable resource with a 8 part webinar series on COVID-19 related issues plus excellent e-blasts and an online resource page.  Locally, the AGC of Massachusetts and CIM are also on the forefront of COVID-19 related construction industry issues.  I encourage you

An Easy Way to Preserve Your Mechanic’s Lien Rights in Rhode Island

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A mechanic’s lien right is a powerful remedy to secure a contractor’s right to payment.  Each jurisdiction’s mechanic’s lien statute is unique and most states strictly interpret/enforce the statutes.  For multi-jurisdictional contractors, a common practice in New England, mechanic’s liens are a double-edged sword because they provide substantial leverage, but they are often costly and cumbersome to perfect.  In the Solid Foundation blog, we will post regularly on issues relating to mechanic’s liens statutes throughout New England.  As a start, we have put together this post that zeroes in on one fundamental requirement to preserve a general contractor’s mechanic’s lien in Rhode Island – the Notice of Possible Mechanic’s Lien pursuant to R.I. Gen. Laws § 34-28-4.1.

WHO SHOULD READ THIS POST?

  • Contractors who perform work in Rhode Island for Owners.
  • Owners

WHAT A CONTRACTOR NEEDS TO DO TO PRESERVE ITS MECHANIC’S LIEN?

If