§ 34-28-4.1. Contractors.
No person contracting directly with either the owner of the land, lessee, or tenant
of the land, or owner of less than the fee simple, other than material suppliers,
as those terms are referred to in §§ 34-28-1, 34-28-2, 34-28-3, shall be entitled to claim a lien under this chapter unless that person shall have
provided the following notice to the owner, lessee, or tenant, or owner of less than
the fee simple, either incorporated conspicuously in a written contract or sent by
certified mail, return receipt requested, any time prior to commencing work or delivery
of materials for construction, erection, alteration or repair
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§ 34-28-4.1. Contractors.
No person contracting directly with either the owner of the land, lessee, or tenant
of the land, or owner of less than the fee simple, other than material suppliers,
as those terms are referred to in §§ 34-28-1, 34-28-2, 34-28-3, shall be entitled to claim a lien under this chapter unless that person shall have
provided the following notice to the owner, lessee, or tenant, or owner of less than
the fee simple, either incorporated conspicuously in a written contract or sent by
certified mail, return receipt requested, any time prior to commencing work or delivery
of materials for construction, erection, alteration or repair as set forth in this
chapter. The failure of such person contracting directly to give such notice shall
not affect the right of any other person performing work or furnishing materials of
claiming a lien pursuant to this chapter, provided that the procedures set forth in
this chapter are followed. However, such person failing to file such notice shall
indemnify and hold harmless any owner, lessee or tenant, or owner of less than the
fee simple from any payment or costs incurred on account of any liens claims by those
not in privity with them, unless such owner, lessee or tenant, or owner of less than
the fee simple shall not have paid such person.
NOTICE OF POSSIBLE MECHANIC'S LIEN
To: Insert name of owner, lessee or tenant, or owner of less than the fee simple.
The undersigned is about to perform work and/or furnish materials for the construction,
erection, alterations, or repair upon the land at (INSERT ADDRESS) under contract
with you. This is a notice that the undersigned and any other persons who provide
labor and materials for the improvement under contract with the undersigned may file
a mechanic's lien upon the land in the event of nonpayment to them. It is your responsibility
to assure yourself that those other persons under contract with the undersigned receive
payment for their work performed and materials furnished for the construction, erection,
alteration or repair upon the land.