§ 34-28-10. Complaint to enforce lien — Lis pendens notice.
(a) Any and all liens under the provisions of § 34-28-1, 34-28-2, 34-28-3, or 34-28-7 regardless of the mailing and filing of a notice of intention under § 34-28-4 or any exemption therefrom, shall be void and wholly lost to any person claiming
a lien under those sections, unless the person shall file a complaint to enforce the
lien, described in § 34-28-13, in the superior court for the county in which is situated the land upon which the
building, canal, turnpike, railroad, or other improvement is being or has been constructed,
erected, altered, or repaired, and unless such person shall also file in the re
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§ 34-28-10. Complaint to enforce lien — Lis pendens notice.
(a) Any and all liens under the provisions of § 34-28-1, 34-28-2, 34-28-3, or 34-28-7 regardless of the mailing and filing of a notice of intention under § 34-28-4 or any exemption therefrom, shall be void and wholly lost to any person claiming
a lien under those sections, unless the person shall file a complaint to enforce the
lien, described in § 34-28-13, in the superior court for the county in which is situated the land upon which the
building, canal, turnpike, railroad, or other improvement is being or has been constructed,
erected, altered, or repaired, and unless such person shall also file in the records
of land evidence in the city or town in which such land is located a notice of lis
pendens, described in § 34-28-11, the complaint to be filed on the same day as the notice of lis pendens, or within
seven (7) days thereafter, and both the complaint and the notice of lis pendens to
be filed within forty (40) days of the date of the recording of the notice of intention
provided in § 34-28-4 and § 34-28-7. The lien of any person under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 who fails to file a complaint and notice of lis pendens under this section within
the required forty (40) day period, shall be void and wholly lost as to work done
or materials furnished prior to the two hundred (200) day period, regardless of the
fact that the person may thereafter do other work or furnish other materials in the
course of the same construction, erection, alteration, or reparation.
(b) The power of sale contained in a mortgage on any real property subject to a lien created
by this chapter shall not be effected by the filing of a notice of lien as provided
in § 34-28-4 and § 34-28-7, provided, however, the power of sale shall be suspended by the filing of a complaint
to enforce as provided in this section and the power of sale shall only be exercised
thereafter in accordance with the provisions of § 34-28-16.1.