(a) Any and all liens under the provisions of § 34-28-1, 34-28-2, 34-28-3, or 34-28-7 regardless of the mailing and filing of a notice of intention under § 34-28-4 or any exemption therefrom, shall be void and wholly lost to any person claiming
a lien under those sections, unless the person shall file a complaint to enforce the
lien, described in § 34-28-13, in the superior court for the county in which is situated the land upon which the
building, canal, turnpike, railroad, or other improvement is being or has been constructed,
erected, altered, or repaired, and unless such person shall also file in the records
of land evidence in the city or town in which such land is located a notice of lis
pendens, described in § 34-28-11, the complaint to be filed on the same day as the notice of lis pendens, or within
seven (7) days thereafter, and both the complaint and the notice of lis pendens to
be filed within forty (40) days of the date of the recording of the notice of intention
provided in § 34-28-4 and § 34-28-7. The lien of any person under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 who fails to file a complaint and notice of lis pendens under this section within
the required forty (40) day period, shall be void and wholly lost as to work done
or materials furnished prior to the two hundred (200) day period, regardless of the
fact that the person may thereafter do other work or furnish other materials in the
course of the same construction, erection, alteration, or reparation.
(b) The power of sale contained in a mortgage on any real property subject to a lien created
by this chapter shall not be effected by the filing of a notice of lien as provided
in § 34-28-4 and § 34-28-7, provided, however, the power of sale shall be suspended by the filing of a complaint
to enforce as provided in this section and the power of sale shall only be exercised
thereafter in accordance with the provisions of § 34-28-16.1.
Notes of Decisions
Keystone Elevator Co. v. Johnson & Wales Univ., 850 A.2d 912 (R.I. 2004).
· cites it 10× “On June 12, 2001, defendants filed a motion to dismiss the mechanics’ lien petition, alleging that Keystone failed to perfect the mechanics’ lien pursuant to G.L. 1956 § 34-28-10 because it had not recorded a lis pendens.”
Gem Plumbing & Heating Co., Inc. v. Rossi, 867 A.2d 796 (R.I. 2005).
· cites it 3× “Section 34-28-10(a). 12 The petition to enforce must be filed on the same day or within seven days after the filing of the notice of lis pendens, and both must be filed within 120 days of the date on which the notice of intention was recorded.”
Pezzuco Constr., Inc. v. Melrose Assocs., L.P., 764 A.2d 174 (R.I. 2001).
· cites it 6× “First, plaintiffs mechanic’s hens were “void and wholly lost” because G.L.1956 § 34-28-10 requires that notices of lis pendens be filed in the record of land evidence within 120 days from the date of the filing of the notices of intention.”
Rossi v. Gemma, 489 F.3d 26 (1st Cir. 2007).
“See R.I. Gen. Laws § 34-28-10. Gem sought to collect the full $35,500 it said it was owed.”
In Re CNN Dev. Corp., 112 B.R. 1 (Bankr. D.R.I. 1990).
· cites it 3× “LAWS § 34-28-10 until December 20, 1989, almost three weeks after the debtor filed its Chapter 11 petition in this Court.”
Newman v. Valleywood Assocs., Inc., 874 A.2d 1286 (R.I. 2005).
“Beyond providing a procedural mechanism to secure payment for services or materials rendered, multiple sections of the statute require that notice be given to the world of the dispute between the parties: § 34-28-4 requires a claimant to file a notice of intention in the land…”
Nat'l Refrigeration, Inc. v. Capital Props., Inc., 88 A.3d 1150 (R.I. 2014).
“Section 34-28-17(a) provides, in pertinent part: “At any time after the recording of a notice of intention or after the filing of a complaint to enforce a lien under §§ 34-28-10 and 34-28-13, the owner or lessee or tenant of the land described in the notice or complaint may pay…”
Frank N. Gustafson & Sons, Inc. v. Walek, 599 A.2d 730 (R.I. 1991).
· cites it 2× “189, § 1 and § 34-28-10. Borrowing an appropriate characterization of § 34-28-4 of the mechanic’s lien statute from Justice Weisberger, as stated in Far-aone v.”
Eagle Elec., Inc. v. JMJ Assocs., 603 A.2d 339 (R.I. 1992).
· cites it 2× “The issue in *340 both cases is whether the trial justice erred in ruling that the plaintiffs attempted to enforce their liens too late under the terms of § 34-28-10. After reviewing the memoranda submitted by the parties and hearing their counsel in oral argument, it is the…”
— R.I. Gen. Laws § 34-28-10(a) — 2 cases
Gem Plumbing & Heating Co., Inc. v. Rossi, 867 A.2d 796 (R.I. 2005).
“Section 34-28-10(a). 12 The petition to enforce must be filed on the same day or within seven days after the filing of the notice of lis pendens, and both must be filed within 120 days of the date on which the notice of intention was recorded.”
Keystone Elevator Co. v. Johnson & Wales Univ., 850 A.2d 912 (R.I. 2004).
“On June 12, 2001, defendants filed a motion to dismiss the mechanics’ lien petition, alleging that Keystone failed to perfect the mechanics’ lien pursuant to G.L. 1956 § 34-28-10 because it had not recorded a lis pendens.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.