Rhode Island mechanics lien law and deadlines
In Rhode Island, a contractor hired by the owner gives a notice of possible lien before starting. To claim a lien, mail and record a notice of intention within 200 days after the work, then file suit and a lis pendens within 40 days of recording.
Rhode Island's mechanics lien law is Chapter 34-28 of the General Laws. It works in three moves. A contractor that deals directly with the owner gives a notice of possible mechanic's lien before it starts work. Anyone who goes unpaid mails a notice of intention to the owner by certified or registered mail and records a copy in the city or town land evidence records, before or within 200 days after doing the work or furnishing the materials. Then, within 40 days of recording that notice, the claimant files a complaint in superior court and a notice of lis pendens. Miss a step and the statute's phrase is blunt: the lien is "void and wholly lost."
| Step | Deadline or rule | Statute |
|---|---|---|
| Notice of possible mechanic's lien (direct contractors, not material suppliers) | Before starting work or delivering materials, in the contract or by certified mail | R.I. Gen. Laws § 34-28-4.1 |
| Notice of intention | Mail to the owner of record and record in the city or town land evidence records, before or within 200 days after the work or materials | § 34-28-4(a) |
| Returned mail | Record the notice with the returned envelope within 30 days of the return, and no more than 200 days after mailing | § 34-28-4(a) |
| Lis pendens and complaint | Both within 40 days of recording the notice of intention; complaint the same day as the lis pendens or within 7 days after | § 34-28-10(a) |
| Waivers | Contract clauses barring liens are void; a written waiver is valid if delivered with or after payment | § 34-28-1(b) |
| Public projects | No lien; contractor bond on state road and bridge contracts over $150,000 and on public buildings | § 37-12-1 |
Who has lien rights in Rhode Island
Section 34-28-1 gives a lien to any person who does work or furnishes materials for the construction, erection, alteration, or repair of a building or other improvement, when the work is under a contract with the owner or at the owner's request. The lien covers the improvement and the land together. Sections 34-28-2 and 34-28-3 extend the same idea to work ordered by a tenant or lessee and to work ordered by an owner with less than full title, but in those cases the lien reaches only that party's interest unless the landlord or co-owner consented in writing beforehand.
Subcontractors and suppliers are part of the system even though the statute speaks of "any person." The model notice in § 34-28-4.1 itself warns owners that people who supply labor or materials under contract with the direct contractor may file a lien if they are not paid. The chapter's text does not name architects, engineers, or surveyors, so a design firm should get Rhode Island counsel before relying on a lien for design fees.
Notice of possible lien: Rhode Island's preliminary notice
Rhode Island's preliminary notice runs the opposite way from most states. It is the direct contractor's job, not the subs'. Under § 34-28-4.1, anyone who contracts directly with the owner, a lessee, a tenant, or an owner of less than the fee, other than a material supplier, must give that party notice before commencing work or delivering materials. The notice can be written conspicuously into the contract or sent by certified mail, return receipt requested. The statute includes model language telling the owner that the contractor and the people working under it may file liens if unpaid.
- If the direct contractor skips it: that contractor cannot claim a lien under the chapter.
- Subs are not punished for it: other workers and suppliers keep their lien rights if they follow the chapter's procedures.
- Indemnity: the contractor that failed to give notice must indemnify and hold the owner harmless from liens filed by parties not in privity with the owner, except where the owner has not yet paid that contractor.
- Practical fix: put the notice language in your standard owner contract so it goes out with every signed proposal.
The notice of intention and the 200-day window
The notice of intention under § 34-28-4 is the lien claim itself. It must be executed under oath and give the owner's or lessee's name and mailing address, a general description of the land, a description of the work or materials and their approximate value, the name of the person you worked for, your own name and address and an authorized contact, and a statement that you have not been paid. Mail it by registered or certified mail, return receipt requested, to the owner of record at the last known residence or place of business (or to the property address if none is known), and record a copy in the land evidence records of the city or town where the land is.
The 200 days cut both ways. Mailing and recording perfect the lien only for work and materials furnished within the 200 days before recording and afterward. Say an electrical sub works a $310,000 office fit-out from February through November and records in December. Anything it installed more than 200 days before recording is outside the lien. On long jobs, record earlier rather than waiting for the last invoice.
Enforcing the lien: 40 days
This is the deadline that catches people. Section 34-28-10 requires two filings within 40 days of recording the notice of intention: a notice of lis pendens in the land evidence records of the city or town, and a complaint to enforce the lien in the superior court for the county where the land is. The complaint must be filed the same day as the lis pendens or within seven days after. Forty days is short, so have the complaint drafted before the notice of intention is recorded.
Lien waivers in Rhode Island
Under § 34-28-1(b), any contract term that stops a party from filing a notice of intention or enforcing a lien is void as against public policy. The exception is a written lien waiver signed by a contractor, subcontractor, material supplier, or laborer and delivered at the same time as payment or after payment has been made. No statutory waiver form was found in the sections reviewed for this page, so waiver wording comes from your contract documents. The safe practice is the same either way: sign waivers against cleared funds, one payment at a time.
Residential and owner-occupied work
The sections reviewed for this page do not set out a separate residential procedure, and the notice of possible lien in § 34-28-4.1 applies to direct contractors on any project. Before starting a home job, check the state's contractor registration rules for any separate homeowner contract or notice requirements. See Rhode Island contractor licensing and registration.
Public projects use bonds
Mechanics liens do not run against public property. For state contracts awarded through the transportation or administration departments, § 37-12-1 requires the general contractor, construction or project manager, or prime contractor to post a bond on public road and bridge contracts over $150,000 and on public building contracts, in an amount between 50 and 100 percent of the contract price, conditioned on prompt payment for labor, materials, and equipment. That is the state's payment bond law. Claim procedures and deadlines are in the rest of Chapter 37-12.
Other Rhode Island guides: Rhode Island prompt payment and Rhode Island prevailing wage. Smart Business Automator tracks first and last work dates by job, so the 200-day and 40-day clocks are visible before they run; see construction accounts receivable automation.
Frequently asked questions
How long do I have to file a mechanics lien in Rhode Island?
Mail the notice of intention to the owner and record it in the city or town land evidence records before or within 200 days after doing the work or furnishing the materials (R.I. Gen. Laws § 34-28-4). The lien covers only work in the 200 days before recording and after.
Does Rhode Island require a preliminary notice?
Yes, from contractors who deal directly with the owner. Under § 34-28-4.1, they must give a notice of possible mechanic's lien before starting work, in the contract or by certified mail. Material suppliers are excluded. A contractor that skips it loses its own lien rights.
How long after recording do I have to sue?
Forty days. File a notice of lis pendens in the land evidence records and a complaint in superior court within 40 days of recording the notice of intention, with the complaint no more than seven days after the lis pendens (§ 34-28-10).
Can a contract waive my lien rights in Rhode Island?
Not in advance. Contract clauses that prevent lien filing or enforcement are void. A written waiver is valid only when delivered at the same time as payment or after it (§ 34-28-1(b)).
Can I lien a public building in Rhode Island?
No. Look to the contractor's bond. Section 37-12-1 requires bonds on state public building contracts and on road and bridge contracts over $150,000.
Sources
- Rhode Island General Assembly: R.I. Gen. Laws § 34-28-1, lien rights and waiver limits (archived official text)
- Rhode Island General Assembly: R.I. Gen. Laws § 34-28-4, notice of intention and 200-day period (archived official text)
- Rhode Island General Assembly: R.I. Gen. Laws § 34-28-4.1, notice of possible mechanic's lien (archived official text)
- Rhode Island General Assembly: R.I. Gen. Laws § 34-28-10, lis pendens and complaint within 40 days (archived official text)
- Rhode Island General Assembly: R.I. Gen. Laws § 37-12-1, contractor bonds on public works (archived official text)
- Rhode Island General Assembly: Chapter 34-28, Mechanics' Liens (official text)
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.