2021 -- H 5311

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LC000902

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO PROPERTY -- MECHANICS' LIENS

     Introduced By: Representative John G. Edwards

     Date Introduced: January 29, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 34-28 of the General Laws entitled "Mechanics' Liens" is hereby

amended by adding thereto the following section:

     34-28-38. Arbitration.

     In any mechanics' lien proceeding under this chapter whereby the petitioner has filed a

mechanics' lien, where an arbitration provision exists between the petitioner and the respondent

owner or lessee, and the mechanics' lien action is stayed pending arbitration, any arbitration award

shall be binding with full force and effect within the mechanics' lien action and any such award

shall be res judicata. The court in the mechanics' lien action may award reasonable attorneys' fees

in its discretion in relation to the arbitration proceedings to the prevailing party. The arbitrator shall

have the authority to decide all procedural issues in relation to the compliance with the mechanics'

lien action pursuant to this chapter.

     SECTION 2. This act shall take effect upon passage.

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LC000902

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- MECHANICS' LIENS

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     This act would provide that any arbitration award issued shall be binding in the mechanics'

lien action and shall be res judicata. The court may award reasonable attorneys' fees in its discretion

to the prevailing party.

     This act would take effect upon passage.

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LC000902

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