(a) Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed,
erected, altered, or repaired by oral or written contract with or at the oral or written
request of the owner, the owner being at the time the owner of the land on which the
improvement is located, or by the husband of such owner with the consent of his wife,
the building, canal, turnpike, railroad, or other improvement, together with the land,
is hereby made liable and shall stand subject to liens for all the work done by any
person in the construction, erection, alteration, or reparation of such building,
canal, turnpike, railroad, or other improvement, and for the materials used in the
construction, erection, alteration, or reparation thereof, which have been furnished
by any person.
(b) A covenant, promise, agreement of understanding in, or in connection with or collateral
to, a contract or agreement relative to the construction, alteration, repair, or maintenance
of a building, structure, appurtenance and appliance, including moving, demolition
and excavating connected therewith, purporting to bar the filing of a notice of intention
or the taking of any steps to enforce a lien as set forth in this chapter is against
public policy and is void and unenforceable. This section shall 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 for the labor performed or the materials furnished has been made
to such contractor, subcontractor, material supplier, or laborer.
Notes of Decisions
Gem Plumbing & Heating Co., Inc. v. Rossi, 867 A.2d 796 (R.I. 2005).
· cites it 3× “ecause of the filing or recording of a notice of intention; or (2) it appears from the notice of intention that the claimant has no valid lien by reason of the character of or the contract for the labor, materials or equipment and for which a lien is claimed; or (3) that a…”
Newman v. Valleywood Assocs., Inc., 874 A.2d 1286 (R.I. 2005).
· cites it 5× “Under that view, any arbitration agreement would obstruct the public policy outlined in § 34-28-1, which prohibits a contractual release of the right to file mechanics’ hens.”
Keystone Elevator Co. v. Johnson & Wales Univ., 850 A.2d 912 (R.I. 2004).
· cites it 3× “he registry of the court in the county in which the land is located cash equal to the total amount of the notice of intention and the accounts and demands of all persons claiming liens therein under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, including costs of the lien holder, or…”
Rossi v. Gemma, 489 F.3d 26 (1st Cir. 2007).
“In that proceeding, the Rossis raised a due process argument that the Rhode Island Meehan- *28 ics’ Lien Law, R.I. Gen. Laws § 34-28-1 et seq., was unconstitutional.”
Com. Assocs. v. Tilcon Gammino, Inc., 801 F. Supp. 939 (D.R.I. 1992).
· cites it 4× “Specifically, it asks the Court to add prejudgment interest referable to amounts it previously recovered pursuant to a partial settlement and through a proceeding under the Rhode Island Mechanics’ Lien statute, R.I.Gen. Laws §§ 34-28-1 to 34-28-36 (1984 Reenactment), between the…”
Multi-State Restoration, Inc. v. DWS Props., LLC., 61 A.3d 414 (R.I. 2013).
· cites it 2× “In the event that there is a conflict as to procedures between § 34-28-1 et seq. and the rules of civil procedure, then the procedures noted in § 34-28-1 et seq.”
Pezzuco Constr., Inc. v. Melrose Assocs., L.P., 764 A.2d 174 (R.I. 2001).
· cites it 2× “Section 34-28-10 states that any party seeking a lien under §§ 34-28-1, 34-28-2, 34-28-3, or 34-28-7 “shall * * * file in the record of land evidence” notices of lis pendens within 120 days of the filing of the notice of intention to claim a lien, and that if the party fails to…”
Logan Equip. Corp. v. Profile Constr. Co., 585 A.2d 73 (R.I. 1991).
· cites it 4× “Section 34-28-1 states: “Whenever any building * * * shall be constructed * * * such building * * * is hereby made liable and shall stand subject to liens for all the work done by any person * * * and for the materials used * * * which have been furnished by any person.”
Frank N. Gustafson & Sons, Inc. v. Walek, 599 A.2d 730 (R.I. 1991).
· cites it 3× “Section 34-28-1 provides the means to obtain a lien against the property to parties who have provided labor, materials, equipment, or services for the benefit of the property.”
Tilcon Gammino, Inc. v. Com. Assocs., 570 A.2d 1102 (R.I. 1990).
· cites it 2× “Section 34-28-1 states that the mechanics’ lien applies to land that “shall stand subject to liens for all the work done by any person in the construction, erection, alteration or reparation of such building, canal, turnpike, railroad or other improvement, and for the materials…”
Alpha Omega Constr., Inc. v. Proprietors of Swan Point Cemetery, 962 A.2d 733 (R.I. 2008).
· cites it 2× “ecause of the filing or recording of a notice of intention; or (2) it appears from the notice of intention that the claimant has no valid lien by reason of the character of or the contract for the labor, materials or equipment and for which a lien is claimed; or (3) that a…”
— R.I. Gen. Laws § 34-28-1(a) — 1 case
Gem Plumbing & Heating Co., Inc. v. Rossi, 867 A.2d 796 (R.I. 2005).
“ecause of the filing or recording of a notice of intention; or (2) it appears from the notice of intention that the claimant has no valid lien by reason of the character of or the contract for the labor, materials or equipment and for which a lien is claimed; or (3) that a…”
— R.I. Gen. Laws § 34-28-1(b) — 1 case
Newman v. Valleywood Assocs., Inc., 874 A.2d 1286 (R.I. 2005).
“Under that view, any arbitration agreement would obstruct the public policy outlined in § 34-28-1, which prohibits a contractual release of the right to file mechanics’ hens.”
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treatment. Dots show Syfertize treatment of the citing case itself.