Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Rhode Island
Rhode Island
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Rhode Island Quick Overview
| Pursuant Code | RI Gen. Laws §§ 34-28-1 et seq. | |
| Prelien Required for Private/Commercial Projects | No, but may be beneficial | |
| Prelien Required for Public Projects | No | |
| RI Statutory Relief | Full Price | |
| Lien Milestone Event | ||
| Lien Enforcement Deadline | ||
| Waivable Lien Rights | ||
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Notice of Possible Mechanics Lien | |
| Prelien Minimum Information | Notice of Possible Mechanic's Lien language as specified in RI Gen. Laws § 34-28-4.1. | |
| Prelien Minimum Notifications | Owner | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in Rhode Island by Role
Only prime contractors must serve a Notice of Possible Mechanic's Lien before work begins or materials are delivered. Failure to do so waives lien rights and may expose the contractor to indemnity obligations for liens filed by lower-tier claimants.
Mechanic's Liens in Rhode Island
In Rhode Island, to enforce a mechanics lien on private projects, contractors, subcontractors, and suppliers must file a Notice of Intention within 200 days after last providing labor or materials. If residential property is involved, a Notice of Possible Mechanics Lien must be recorded within 200 days of last furnishing labor or materials. After serving the initial notices, a lawsuit to enforce the lien must be commenced within 40 days of recording the Notice of Intention. Mechanics lien rights are governed by R.I. Gen. Laws § 34-28-1 et seq.
Bond Claims in Rhode Island
For public projects in Rhode Island, bond claims are governed by R.I. Gen. Laws § 37-12-1 et seq. Claimants must serve written notice of their claim on the surety and the contracting public authority within 90 days after furnishing the last labor or materials. A lawsuit to enforce the bond claim must be filed within 1 year from the last date labor or materials were furnished.
Construction Lien Waivers in Rhode Island
Required Format: Rhode Island does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Rhode Island does not require waivers to be notarized.
Rhode Island does not have specific statutory waiver forms, but parties may contractually waive lien rights, subject to general enforceability principles under contract law.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Rhode Island counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Rhode Island
Frequently Asked Questions (FAQs) on Rhode Island Lien Processes for Contractors
Is a preliminary notice required to preserve lien rights in Rhode Island?
Yes, on residential projects a Notice of Possible Mechanics Lien must be recorded, and for all projects a Notice of Intention to Claim a Lien must be filed within 200 days of last furnishing labor or materials.
How long do I have to file a mechanics lien in Rhode Island?
A Notice of Intention to Claim a Lien must be filed within 200 days from the date the claimant last furnished labor or materials.
When must a lawsuit be filed to enforce a mechanics lien in Rhode Island?
The lien enforcement lawsuit must be filed within 40 days after the Notice of Intention to Claim a Lien is recorded.
Do suppliers and equipment lessors have lien rights in Rhode Island?
Yes, material suppliers and equipment lessors have lien rights, provided they comply with the notice and filing requirements under R.I. Gen. Laws § 34-28-1 et seq.
Is a bond claim required for public projects in Rhode Island, and what is the deadline?
Yes, for public works projects, a bond claim must be made by giving written notice to the surety and contracting authority within 90 days after last furnishing labor or materials, and a lawsuit must be filed within 1 year.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
