The lien, under §§ 34-28-1, 34-28-2 or 34-28-3, of any architect or engineer, or of any immediate or mediate subcontractor thereto,
for work done in connection with the construction, erection, alteration, or reparation,
the result of which is used therein, shall be valid and enforceable under the provisions
of this chapter if and only if a notice of intention provided for in § 34-28-4, is mailed and filed in accordance therewith by the architect, engineer, or such
subcontractor thereto, the mailing and filing in the land evidence records to be before
the later of two hundred (200) days of the performance of the work or ten (10) days
after the actual and visible commencement, by excavation or otherwise, of the construction,
erection, alteration or reparation.
Notes of Decisions
Graybar Elec. Co. v. Providence Journal Co., 166 A.2d 885 (R.I. 1961).
· cites it 7× “Under point I respondent contends that the lodging of the first account or demand on July 9, 1958 was the commencement of legal process referred to in §34-28-7; that under §34-28-9 petitioner was required to file his petition in equity within twenty days after July 9, 1958; that…”
GSM Indus., Inc. v. Grinnell Fire Prot. Sys. Co., 47 A.3d 264 (R.I. 2012).
“Section 34-28-4(a) states in relevant part: “(a) Except as provided in § 34-28-7, any and all liens claimed or that could be claimed under §§ 34-28-1, 34-28-2 or 34-28-3 shall be void and wholly lost to any person claiming under those sections unless the person shall, before or…”
Federici & Assocs. v. Lantini, 589 A.2d 1202 (R.I. 1991).
· cites it 8× “1956 (1984 Reenactment) § 34-28-7, which allows a surveyor to maintain a lien for work performed, even when such work is not visible.”
Rhode Island Constr. Servs., Inc. v. Harris Mill, LLC, 68 A.3d 450 (R.I. 2013).
“appeal must be dismissed as it does not have a valid mechanic’s lien pursuant to” § 34-28-7. In our opinion, this argument is unavailing for the same reasons as have been discussed in the body of this opinion.”
Anthony & Assocs., Div. of Land Use Specialists, Inc. v. Muller, 598 A.2d 1378 (R.I. 1991).
· cites it 4× “At issue is whether the performance of surveying field work in preparation of a plan for a property subdivision conforms with the language of § 34-28-7. Section 34-28-7 provides: “Lien of architect or engineer.”
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