2022 -- S 2357

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LC003404

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO PROPERTY -- MECHANICS' LIENS

     Introduced By: Senators McCaffrey, F Lombardi, and Archambault

     Date Introduced: February 15, 2022

     Referred To: Senate 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, and 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 arbitrator shall have the authority to decide all procedural issues in relation

to the compliance with the mechanics' lien action instituted pursuant to this chapter. The court in

the mechanics' lien action may award reasonable attorneys' fees to the prevailing party in the

arbitration proceeding.

     SECTION 2. This act shall take effect upon passage.

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LC003404

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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 and res judicata

in the mechanics' lien action. The court, in its discretion, may also award reasonable attorneys' fees

to the prevailing party.

     This act would take effect upon passage.

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LC003404

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