Rhode Island General Laws

R.I. Gen. Laws § 34-28-19 (2026)

Costs of proceedings

✓ current as of July 2026
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The costs of the proceedings shall in every instance be within the discretion of the court as between any of the parties. Costs shall include legal interest, costs of advertising, and all other reasonable expenses of proceeding with the enforcement of the action. The court, in its discretion, may also allow for the award of attorneys’ fees to the prevailing party.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1994–2023 · leading case: Keystone Elevator Co. v. Johnson & Wales Univ., 850 A.2d 912 (R.I. 2004).
Keystone Elevator Co. v. Johnson & Wales Univ., 850 A.2d 912 (R.I. 2004). · cites it 8× “On January 24, 2002, defendants filed a motion for reconsideration of the attorneys’ fees awarded to Keystone, as well as their own motion for attorneys’ fees pursuant to § 34-28-19. Keystone objected and sought additional attorneys’ fees incurred in objecting to defendants’…”
Aponik v. Lauricella, 844 A.2d 698 (R.I. 2004). · cites it 5× “In addition, he requested that the Superior Court award costs and attorneys’ fees pursuant to § 34-28-19 2 of the mechanics’ lien statute.”
Gem Plumbing & Heating Co., Inc. v. Rossi, 867 A.2d 796 (R.I. 2005). · cites it 3× “Section 34-28-19. However, P.L. 2003, ch.”
Newman v. Valleywood Assocs., Inc., 874 A.2d 1286 (R.I. 2005). “We held that a prevailing party in an arbitrated mechanic’s hen action may not seek costs and attorney’s fees, in accordance with § 34-28-19 of the Mechanics’ Lien Law, on a motion to enforce the award in the Superior Court, because “[a]ny claim that may have been available to…”
Alpha Omega Constr., Inc. v. Proprietors of Swan Point Cemetery, 962 A.2d 733 (R.I. 2008). “Burman successfully moved for attorneys’ fees under § 34-28-19. An order dismissing Alpha’s complaint to enforce the mechanic’s hen with prejudice was entered on July 2, 2007, and a judgment awarding attorneys’ fees to E.”
Clean Harbors Env't Servs., Inc. v.96-108 Pine Street LLC v. J.R. Vinagro Corp. J.R. Vinagro Corp. v. 96-108 Pine Street LLC (R.I. 2023). · cites it 4× “, we contemplated the meaning of the phrase “prevailing party” in the context of G.L. 1956 § 34-28-19, Rhode Island’s mechanics’ lien statute.”
Stone v. Hous. Auth. of the Town of East Greenwich, 643 A.2d 190 (R.I. 1994). “1956 (1984 Reenactment) § 34-28-19, as amended by P.L.1991, ch. 321, § 1.”
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