Chapter
299
2003
-- S 462 SUBSTITUTE A AS AMENDED
Enacted
07/17/03
AN ACT
RELATING TO PROPERTY -
MECHANICS' LIENS
Introduced By: Senator Michael J.
McCaffrey
Date
Introduced: February 13, 2003
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:
34-28-17.1.
Dismissal of petition for other cause. - - (1) If any person in
interest,
including, but not limited to,
an owner or contractor claims: (a) that any person who has provided
labor, materials or equipment or
has agreed to provide funding, financing or payment for labor or
materials or equipment refuses
to continue to provide such funding, financing or payment for
labor materials solely because
of the filing or recording of a notice of intention; or (b) it appears
from the notice of intention
that the claimant has no valid lien by reason of the character of or the
contract for the labor,
materials or equipment and for which a lien is claimed; or (c) that a notice
or other instrument has not been
filed or recorded in accordance with the applicable provisions of
R.I.G.L. 38-28-1 et seq.; or (d)
that for any other reason a claimed lien is invalid by reason or
failure to comply with the
provisions of R.I.G.L. 38-28-1 et seq., then in such event, such person
may apply forthwith to the superior court for the
county where the land lies for an order to show cause why
the lien in question is invalid
or otherwise void or the basis of the lien is without probability of a judgment
rendered in favor of the lienor. A mortgage holder or servicer is not a
necessary party under this section and shall not be named as a party in any
such application or order of notice.
(2)
An order of notice to appear and show cause why the relief demanded in the
complaint should not be granted
shall be served upon the necessary parties no later than one (1)
week prior to the date of the scheduled
hearing. If the necessary parties cannot be found, such
service may be made as the court
shall direct. The application shall be made upon a verified
complaint accompanied by other
written proof of facts upon which the application is made. Upon
granting or denying the
application, the court shall enter an order or judgment, as applicable, on
the matter involved. Nothing
herein shall affect the validity of, or otherwise modify or alter, the
mortgage contract nor otherwise
affect, alter or modify the mortgage holders rights under section
34-28-16.1.
SECTION 2. This act shall take
effect upon passage, and shall apply to all pending
mechanics’ liens, petitions or lien substitutions under chapter 34-28
of “The Rhode
Island Mechanics’ Lien Law” as of the effective
date of this act as well as mechanics’
liens, petitions or lien substitutions under
Chapter 34-28 of the “Rhode Island Mechanics’
Lien Law” filed after the
effective date of this act.
=======
LC01241/SUB A/2
=======