The complaint to enforce a lien, filed under § 34-28-10, shall set forth the particulars of the account or demand for which the plaintiff
claims a lien including the amount claimed, extras, payment made, the date or dates
upon which work was done or materials furnished, shall recite the actions taken under
this chapter by the plaintiff for the perfection of such lien, shall particularly
describe the building, canal, turnpike, railroad, improvement, and land, and the estate
and title in the improvement upon which the plaintiff claims a lien. It shall include
specific dates of performance of the work, providing of materials, nature of each
performance, and shall pray that the lien may be enforced against the improvement,
and that the improvement may be sold to satisfy the account or demand and all other
accounts and demands for which the improvement is liable and stands subject to liens
under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7; the complaint shall also name as defendants the owner of record and/or the landlord
and lessee, if applicable, under § 34-28-2, and the complaint shall also contain a list of the names and addresses of all persons
who have filed notices of intention under § 34-28-4 and a list of all persons who have any recorded title, claim, lease, mortgage, attachment
or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7) with relation to, on or against the building, canal, turnpike, railroad, improvement,
or land or any part thereof.
Notes of Decisions
Gem Plumbing & Heating Co., Inc. v. Rossi, 867 A.2d 796 (R.I. 2005).
· cites it 3× “” Section 34-28-13. 12 .In pertinent part, § 34-28-10(a) states that all liens under the statute: "shall be void and wholly lost to any person claiming a lien under those sections, unless the person shall file a petition to enforce the lien, described in § 34-28-13, in the…”
Tilcon Gammino, Inc. v. Com. Assocs., 570 A.2d 1102 (R.I. 1990).
“The respondents claim that the trial justice erroneously denied their May 29, 1987 motion to dismiss Tilcon’s lien petition for failure to provide adequate particularization pursuant to § 34-28-13. The petitioner refutes this assertion and claims that the respondents were well…”
In Re CNN Dev. Corp., 112 B.R. 1 (Bankr. D.R.I. 1990).
“LAWS § 34-28-10, “[a]ny and all liens under the provisions of §§ 34-28-1, 34-28-2 or 34-28-3, 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 such…”
Alpha Omega Constr., Inc. v. Proprietors of Swan Point Cemetery, 962 A.2d 733 (R.I. 2008).
“Burman also argued that the complaint was invalid and void because it failed to describe the alleged work performed, as required by § 34-28-13. 5 . E.W. Burman and Greenwich subsequently agreed to two change orders that expanded the scope of the work to be done by Greenwich and…”
Kelley v. Dunne, 316 A.2d 341 (R.I. 1974).
“” The respondents do not question the trial justice’s finding that petitioner is owed $988 for' materials and $544 for labor, and they concede that petitioner fully complied with all pertinent provisions of the Mechanics’ Lien Law excepting only that portion of §34-28-13 which…”
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