Rhode Island General Laws 34-28-1. Improvements by consent of owner – Contracts barring enforcement of lien against public policy
(a) Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of the owner, the owner being at the time the owner of the land on which the improvement is located, or by the husband of such owner with the consent of his wife, the building, canal, turnpike, railroad, or other improvement, together with the land, is hereby made liable and shall stand subject to liens for all the work done by any person in the construction, erection, alteration, or reparation of such building, canal, turnpike, railroad, or other improvement, and for the materials used in the construction, erection, alteration, or reparation thereof, which have been furnished by any person.
Terms Used In Rhode Island General Laws 34-28-1
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- materials: when used in this chapter shall also include the rental or lease of any equipment. See Rhode Island General Laws 34-28-3.1
- Person: as used in this chapter means corporations, partnerships, or other organizations or entities, except that the words "individual person" means only a natural person. See Rhode Island General Laws 34-28-34
(b) A covenant, promise, agreement of understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, or maintenance of a building, structure, appurtenance and appliance, including moving, demolition and excavating connected therewith, purporting to bar the filing of a notice of intention or the taking of any steps to enforce a lien as set forth in this chapter is against public policy and is void and unenforceable. This section shall not preclude a requirement for a written waiver of the right to file a mechanic’s lien executed and delivered by a contractor, subcontractor, material supplier, or laborer simultaneously with or after payment for the labor performed or the materials furnished has been made to such contractor, subcontractor, material supplier, or laborer.
History of Section.
G.L. 1896, ch. 206, § 1; G.L. 1909, ch. 257, § 1; G.L. 1923, ch. 301, § 1; G.L. 1938, ch. 445, § 1; G.L. 1956, § 34-28-1; P.L. 1965, ch. 235, § 1; P.L. 1981, ch. 356, § 1; P.L. 1991, ch. 328, § 1.