State Codes and Statutes

Statutes > Rhode-island > Title-34 > Chapter-34-28 > 34-28-4

SECTION 34-28-4

   § 34-28-4  Notice of intention to claimlien. – (a) Except as provided in § 34-28-7, any and all liens claimed or thatcould be claimed under §§ 34-28-1, 34-28-2 or 34-28-3 shall be voidand wholly lost to any person claiming under those sections unless the personshall, before or within two hundred (200) days after the doing of such work orthe furnishing of such materials, mail by prepaid registered or certified mail,in either case return receipt requested, a notice of intention, hereinafterdescribed, to do work or furnish material, or both, together with a statementthat the person so mailing may within two hundred (200) days after the doing ofthe work or the furnishing of the materials, file a copy of such notice ofintention in the records of land evidence in the city or town in which the landgenerally described in such notice of intention is located and a furtherstatement that the mailing of the notice of intention and the filing of thecopy will perfect a lien of the person so mailing against the land under andsubject to the provisions of this chapter, to the owner of record of the landat the time of the mailing, or, in the case of a lien against the interest ofany lessee or tenant, to the lessee or tenant, the mailing to be addressed tothe 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 theperson making the mailing by inquiry of the person with whom the person makingthe mailing is directly dealing or otherwise, then the mailing under thissection shall be to the address of the land, and also shall before or withintwo hundred (200) days after the doing of the work or the furnishing of thematerials file a copy of the notice of intention in the records of landevidence in the city or town in which the land generally described in thenotice of lien is located. The mailing of the notice of intention and thefiling of the copy in the land evidence records together with the mailing ofanother copy thereof as hereinbelow provided shall perfect, subject to othersections of this chapter, the lien of the person so mailing and filing as towork 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 materialsfurnished 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 noticeof intention, having been mailed, shall be returned to the person mailing thenotice, not having been delivered for any reason, the lien of the person somailing shall be void and wholly lost, notwithstanding any other provision ofthis section, unless such person shall, within thirty (30) days after thereturn 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 theenvelope in which the notice was returned, in the place and manner and with theconsequences hereinbefore provided for the filing of a copy of the notice ofintention, and the filing shall be in lieu of any filing required at any othertime under this section.

   (b) The notice of intention shall be executed under oath andshall contain:

   (1) The name of the owner of record of the land at the timeof the mailing, or in the case of a lien against the interest of any lessee ortenant, the name of the lessee or tenant, and the mailing address of the owneror lessee, the name and address to be located at the upper left hand corner ofthe notice, in addition to the text of the notice, as described in subsection(c);

   (2) A general description of the land sufficient to identifyit with reasonable certainty, including, for example only, street name andnumber, if available;

   (3) A general description of the nature of the work done orto be done, or of the materials furnished, or to be furnished, or both, and theapproximate value thereof as of the date of the notice;

   (4) The name and address of the person or persons for whomdirectly the work has been done or is to be done, or to whom directly thematerials have been furnished or are to be furnished;

   (5) The name and address of the person mailing the notice andthe name of the individual person or persons whose signature will bind theperson so mailing on all matters pertaining to the notice or any lien claimedthereunder, or release thereof.

   (6) A statement that the person mailing the notice has notbeen 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, ORBOTH

   All persons are hereby notified that the undersigned haswithin 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 outinappropriate words), in the construction, erection, alteration, or preparationof an improvement on land described as follows: (here insert description) andthat the land is owned by or leased to (here insert name of owner or lessee ortenant). The nature of the work being done or materials being furnished is asfollows: (here insert general description of the nature of the work ormaterials, or both) and is being done for or furnished to (here insert name ofperson or persons for whom directly the work is being done or to whom directlythe materials are being furnished), whose address is (here insert address).

   The approximate value of said work or materials is, as of thedate of the notice, $(include amount), itemized as follows: and the undersignedhas not been paid for the work or materials or both;

   The undersigned authorizes (here insert name or names) to actor sign documents in behalf of the undersigned in all matters pertaining tothis notice, or any lien claimed hereunder, or release thereof.

   You are hereby informed that the undersigned may within twohundred (200) days of the performance of the work or furnishing of thematerials, file in the records of land evidence of the city or town of (hereinsert name of city or town) a copy of this notice of intention to do work orfurnish materials. The filing of the notice of intention, together with thismailing, will perfect a lien against the land described herein, under andsubject 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:

State Codes and Statutes

Statutes > Rhode-island > Title-34 > Chapter-34-28 > 34-28-4

SECTION 34-28-4

   § 34-28-4  Notice of intention to claimlien. – (a) Except as provided in § 34-28-7, any and all liens claimed or thatcould be claimed under §§ 34-28-1, 34-28-2 or 34-28-3 shall be voidand wholly lost to any person claiming under those sections unless the personshall, before or within two hundred (200) days after the doing of such work orthe furnishing of such materials, mail by prepaid registered or certified mail,in either case return receipt requested, a notice of intention, hereinafterdescribed, to do work or furnish material, or both, together with a statementthat the person so mailing may within two hundred (200) days after the doing ofthe work or the furnishing of the materials, file a copy of such notice ofintention in the records of land evidence in the city or town in which the landgenerally described in such notice of intention is located and a furtherstatement that the mailing of the notice of intention and the filing of thecopy will perfect a lien of the person so mailing against the land under andsubject to the provisions of this chapter, to the owner of record of the landat the time of the mailing, or, in the case of a lien against the interest ofany lessee or tenant, to the lessee or tenant, the mailing to be addressed tothe 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 theperson making the mailing by inquiry of the person with whom the person makingthe mailing is directly dealing or otherwise, then the mailing under thissection shall be to the address of the land, and also shall before or withintwo hundred (200) days after the doing of the work or the furnishing of thematerials file a copy of the notice of intention in the records of landevidence in the city or town in which the land generally described in thenotice of lien is located. The mailing of the notice of intention and thefiling of the copy in the land evidence records together with the mailing ofanother copy thereof as hereinbelow provided shall perfect, subject to othersections of this chapter, the lien of the person so mailing and filing as towork 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 materialsfurnished 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 noticeof intention, having been mailed, shall be returned to the person mailing thenotice, not having been delivered for any reason, the lien of the person somailing shall be void and wholly lost, notwithstanding any other provision ofthis section, unless such person shall, within thirty (30) days after thereturn 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 theenvelope in which the notice was returned, in the place and manner and with theconsequences hereinbefore provided for the filing of a copy of the notice ofintention, and the filing shall be in lieu of any filing required at any othertime under this section.

   (b) The notice of intention shall be executed under oath andshall contain:

   (1) The name of the owner of record of the land at the timeof the mailing, or in the case of a lien against the interest of any lessee ortenant, the name of the lessee or tenant, and the mailing address of the owneror lessee, the name and address to be located at the upper left hand corner ofthe notice, in addition to the text of the notice, as described in subsection(c);

   (2) A general description of the land sufficient to identifyit with reasonable certainty, including, for example only, street name andnumber, if available;

   (3) A general description of the nature of the work done orto be done, or of the materials furnished, or to be furnished, or both, and theapproximate value thereof as of the date of the notice;

   (4) The name and address of the person or persons for whomdirectly the work has been done or is to be done, or to whom directly thematerials have been furnished or are to be furnished;

   (5) The name and address of the person mailing the notice andthe name of the individual person or persons whose signature will bind theperson so mailing on all matters pertaining to the notice or any lien claimedthereunder, or release thereof.

   (6) A statement that the person mailing the notice has notbeen 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, ORBOTH

   All persons are hereby notified that the undersigned haswithin 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 outinappropriate words), in the construction, erection, alteration, or preparationof an improvement on land described as follows: (here insert description) andthat the land is owned by or leased to (here insert name of owner or lessee ortenant). The nature of the work being done or materials being furnished is asfollows: (here insert general description of the nature of the work ormaterials, or both) and is being done for or furnished to (here insert name ofperson or persons for whom directly the work is being done or to whom directlythe materials are being furnished), whose address is (here insert address).

   The approximate value of said work or materials is, as of thedate of the notice, $(include amount), itemized as follows: and the undersignedhas not been paid for the work or materials or both;

   The undersigned authorizes (here insert name or names) to actor sign documents in behalf of the undersigned in all matters pertaining tothis notice, or any lien claimed hereunder, or release thereof.

   You are hereby informed that the undersigned may within twohundred (200) days of the performance of the work or furnishing of thematerials, file in the records of land evidence of the city or town of (hereinsert name of city or town) a copy of this notice of intention to do work orfurnish materials. The filing of the notice of intention, together with thismailing, will perfect a lien against the land described herein, under andsubject 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:


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-34 > Chapter-34-28 > 34-28-4

SECTION 34-28-4

   § 34-28-4  Notice of intention to claimlien. – (a) Except as provided in § 34-28-7, any and all liens claimed or thatcould be claimed under §§ 34-28-1, 34-28-2 or 34-28-3 shall be voidand wholly lost to any person claiming under those sections unless the personshall, before or within two hundred (200) days after the doing of such work orthe furnishing of such materials, mail by prepaid registered or certified mail,in either case return receipt requested, a notice of intention, hereinafterdescribed, to do work or furnish material, or both, together with a statementthat the person so mailing may within two hundred (200) days after the doing ofthe work or the furnishing of the materials, file a copy of such notice ofintention in the records of land evidence in the city or town in which the landgenerally described in such notice of intention is located and a furtherstatement that the mailing of the notice of intention and the filing of thecopy will perfect a lien of the person so mailing against the land under andsubject to the provisions of this chapter, to the owner of record of the landat the time of the mailing, or, in the case of a lien against the interest ofany lessee or tenant, to the lessee or tenant, the mailing to be addressed tothe 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 theperson making the mailing by inquiry of the person with whom the person makingthe mailing is directly dealing or otherwise, then the mailing under thissection shall be to the address of the land, and also shall before or withintwo hundred (200) days after the doing of the work or the furnishing of thematerials file a copy of the notice of intention in the records of landevidence in the city or town in which the land generally described in thenotice of lien is located. The mailing of the notice of intention and thefiling of the copy in the land evidence records together with the mailing ofanother copy thereof as hereinbelow provided shall perfect, subject to othersections of this chapter, the lien of the person so mailing and filing as towork 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 materialsfurnished 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 noticeof intention, having been mailed, shall be returned to the person mailing thenotice, not having been delivered for any reason, the lien of the person somailing shall be void and wholly lost, notwithstanding any other provision ofthis section, unless such person shall, within thirty (30) days after thereturn 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 theenvelope in which the notice was returned, in the place and manner and with theconsequences hereinbefore provided for the filing of a copy of the notice ofintention, and the filing shall be in lieu of any filing required at any othertime under this section.

   (b) The notice of intention shall be executed under oath andshall contain:

   (1) The name of the owner of record of the land at the timeof the mailing, or in the case of a lien against the interest of any lessee ortenant, the name of the lessee or tenant, and the mailing address of the owneror lessee, the name and address to be located at the upper left hand corner ofthe notice, in addition to the text of the notice, as described in subsection(c);

   (2) A general description of the land sufficient to identifyit with reasonable certainty, including, for example only, street name andnumber, if available;

   (3) A general description of the nature of the work done orto be done, or of the materials furnished, or to be furnished, or both, and theapproximate value thereof as of the date of the notice;

   (4) The name and address of the person or persons for whomdirectly the work has been done or is to be done, or to whom directly thematerials have been furnished or are to be furnished;

   (5) The name and address of the person mailing the notice andthe name of the individual person or persons whose signature will bind theperson so mailing on all matters pertaining to the notice or any lien claimedthereunder, or release thereof.

   (6) A statement that the person mailing the notice has notbeen 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, ORBOTH

   All persons are hereby notified that the undersigned haswithin 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 outinappropriate words), in the construction, erection, alteration, or preparationof an improvement on land described as follows: (here insert description) andthat the land is owned by or leased to (here insert name of owner or lessee ortenant). The nature of the work being done or materials being furnished is asfollows: (here insert general description of the nature of the work ormaterials, or both) and is being done for or furnished to (here insert name ofperson or persons for whom directly the work is being done or to whom directlythe materials are being furnished), whose address is (here insert address).

   The approximate value of said work or materials is, as of thedate of the notice, $(include amount), itemized as follows: and the undersignedhas not been paid for the work or materials or both;

   The undersigned authorizes (here insert name or names) to actor sign documents in behalf of the undersigned in all matters pertaining tothis notice, or any lien claimed hereunder, or release thereof.

   You are hereby informed that the undersigned may within twohundred (200) days of the performance of the work or furnishing of thematerials, file in the records of land evidence of the city or town of (hereinsert name of city or town) a copy of this notice of intention to do work orfurnish materials. The filing of the notice of intention, together with thismailing, will perfect a lien against the land described herein, under andsubject 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: