Rhode Island
Notice of Intention to Lien-Private Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Intention to do work, or furnish materials, or both.
Scope: State of Rhode Island, Private Works.

Time Constraints: You must first serve your Notice of Intention to Lien on the owner of the property and any sureties within 200 days, inclusive, of your last furnishing of labor, materials or services via certified mail or personal service. Since you must file your claim within that period also (see below) we suggest that you attempt service at about 90 days.

File the Notice of Intention along with proof of service (Certified return 'green card' or personal service form) with the County Recorder's office where the project is located within 200 days, inclusive, of the last furnishing of materials, labor or services (its 120 days from last furnishing, either way).

Perfection: After recording your Notice of Intention, you must file suit to perfect your lien within 40 days of the date of filing, or your lien will expire. A Notice of Lis Pendens must be filed within 7 days of the Petition to Enforce.

Lien Bond: The owner may file a Lien Bond to remove the lien at any time. If a Lien Bond is filed you must proceed against the Lien Bond and not the property.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Intention to Lien, Exhibit's A-D, if needed, and Recorder's Letter.

Procedures: Prepare your documents using the required information. Serve the owner with a copy of the Notice of Intention and file a copy of the Notice of Intention with proof of service within the time constraints listed above (General contracts and your customer are optional). At this point you are ready enforce all of your claims in one action.

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