Mechanics Lien Deadlines in Rhode Island
Rhode Island mechanics lien claimants must mail and record a notice of intention within two hundred days of doing the work or furnishing materials and then file a complaint to enforce the lien within forty days of recording that notice.
Rhode Island's Mechanics' Liens law appears in Title 34, Chapter 28 of the General Laws. It gives those who do construction work or furnish materials a lien on the improvement and the land, and it sets a distinctive sequence of steps that a claimant must complete to perfect and enforce that lien. This guide walks through who may claim, the notice of intention that must be mailed and recorded, and the complaint that enforces the lien.
Filing and enforcing a mechanics lien in Rhode Island
When the work is requested by a lessee or tenant rather than the owner, the interest and title of the lessee or tenant stands subject to the lien, but the landlord's interest and title do not unless the landlord's written consent is first obtained. 1
Within that same two hundred (200) day window measured from the doing of the work or the furnishing of the materials, the claimant must also file a copy of the notice of intention in the land evidence records of the city or town where the land is located. 2
If the mailed notice of intention is returned undelivered, the claimant must file the notice together with the return envelope within thirty (30) days after the return of the notice, and in no event more than two hundred (200) days after the mailing of the notice. 3
The claimant then enforces the lien by filing a complaint in the superior court, and both that complaint and a notice of lis pendens must be filed within forty (40) days of the date of the recording of the notice of intention. 4
A contract provision that purports to bar the filing of a notice of intention or the taking of any steps to enforce a lien is against public policy and is void and unenforceable. 5
The law does not preclude a requirement for a written waiver of the right to file a mechanic's lien executed and delivered by a contractor, subcontractor, material supplier, or laborer at or after payment. 6
Sources
When an improvement is made at the request of a lessee or tenant, the interest and title of the lessee or tenant stand subject to the lien, but not the interest or title of the landlord unless the landlord's consent in writing is first obtained.
The claimant must also, 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 where the land is located.
If the mailed notice of intention is returned undelivered, the claimant must file the notice together with the returned envelope 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.
To enforce the lien the person must file a complaint, and both the complaint and the notice of lis pendens must be filed within forty (40) days of the date of the recording of the notice of intention.
A covenant or agreement purporting to bar the filing of a notice of intention or the taking of any steps to enforce a lien is against public policy and is void and unenforceable.
The law does not preclude a requirement for a written waiver of the right to file a mechanic's lien executed and delivered by a contractor, subcontractor, material supplier, or laborer simultaneously with or after payment has been made.
Frequently asked questions
- How long do I have to record a notice of intention in Rhode Island?
- The claimant must mail the notice of intention and file a copy of it in the land evidence records before or within two hundred (200) days after the doing of the work or the furnishing of the materials.
- How long do I have to enforce a Rhode Island mechanics lien?
- The complaint to enforce the lien and the notice of lis pendens must be filed within forty (40) days of the date of the recording of the notice of intention.
- What happens if my mailed notice of intention comes back undelivered?
- The claimant must file the notice together with the return envelope within thirty (30) days after the return of the notice, and in no event more than two hundred (200) days after the mailing of the notice.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.