§ 34-28-4. Notice of intention to claim lien.
(a) Except as provided in §â€‚34-28-7, any and all liens claimed or that could be claimed under §§â€‚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.
(c) The notice may be in substantially the following form:
_________________________________________
(Name of owner of record/Lessee)
_________________________________________
(Address of owner/Lessee)
NOTICE OF INTENTION TO DO WORK OR
FURNISH MATERIALS, OR BOTH
All persons are hereby notified that the undersigned has within the two hundred (200)
days prior to the mailing hereof done work, furnished materials, or both, and/or intends
to do so in the future (cross out inappropriate words), in the construction, erection,
alteration, or preparation of an improvement on land described as follows: (here insert
description) and that the land is owned by or leased to (here insert name of owner
or lessee or tenant). The nature of the work being done or materials being furnished
is as follows: (here insert general description of the nature of the work or materials,
or both) and is being done for or furnished to (here insert name of person or persons
for whom directly the work is being done or to whom directly the materials are being
furnished), whose address is (here insert address).
The approximate value of said work or materials is, as of the date of the notice,
$(include amount), itemized as follows: and the undersigned has not been paid for
the work or materials or both;
The undersigned authorizes (here insert name or names) to act or sign documents in
behalf of the undersigned in all matters pertaining to this notice, or any lien claimed
hereunder, or release thereof.
You are hereby informed that the undersigned may within two hundred (200) days of
the performance of the work or furnishing of the materials, file in the records of
land evidence of the city or town of (here insert name of city or town) a copy of
this notice of intention to do work or furnish materials. The filing of the notice
of intention, together with this mailing, will perfect a lien against the land described
herein, under and subject to the provisions of the Rhode Island Mechanics' Lien Law.
_______________________________________________________________________
_______________________________________________________________________
(Name and address of person
filing notice)
NOTARIZATION CLAUSE
_________
Signed and sworn before me this ______ day of ______ ,
_______________________________________________________________________
Notary Public
My Commission Expires: