PRE-LIEN NOTICE / NOTICE OF INTENTION TO CLAIM MECHANIC’S LIEN

(Rhode Island – R.I. Gen. Laws Title 34, Chap. 28 (“Mechanics’ Liens”))

I. DOCUMENT HEADER

1. Parties
   a. Claimant: [CLAIMANT LEGAL NAME], a [STATE] [ENTITY TYPE] with its principal place of business at [ADDRESS] (“Claimant”).
   b. Owner: [OWNER NAME] with an address of record at [ADDRESS] (“Owner”).
   c. Project: Improvements located at or upon the real property commonly known as [PROJECT ADDRESS / LEGAL DESCRIPTION] (“Project”).

2. Effective Date
   This Notice is effective on the date of actual delivery to Owner or, if earlier, the date of recording in the Land Evidence Records of [COUNTY / CITY/TOWN], Rhode Island (the “Effective Date”).

3. Recitals
   WHEREAS, Claimant has furnished and/or continues to furnish labor, services, equipment, and/or materials for the improvement of the Project pursuant to:
   • a contract dated [CONTRACT DATE] with [CONTRACTING PARTY]; and
   • in the total contract price (as amended) of $[TOTAL PRICE];

WHEREAS, the last date on which Claimant furnished labor, services, equipment, and/or materials to the Project is [LAST FURNISHING DATE] (“Last Furnishing Date”); and

WHEREAS, pursuant to Rhode Island Mechanics’ Lien law, Claimant is entitled to assert a lien on the Project to secure payment of the unpaid balance of $[AMOUNT CLAIMED] (the “Lien Amount”);

NOW, THEREFORE, Claimant issues this Pre-Lien Notice / Notice of Intention to Claim Mechanic’s Lien (this “Notice”).

II. DEFINITIONS

For purposes of this Notice, the following terms have the meanings set forth below:

• Lien Law – Rhode Island General Laws Title 34, Chapter 28, as amended.
• Notice Timing Window – Not later than 120 days after the Last Furnishing Date, and in any event prior to commencement of any action to enforce the lien.
• Service Methods – Those delivery methods permitted under the Lien Law, including:
1. Certified mail, return-receipt requested;
2. Personal service by a sheriff, deputy sheriff, or licensed constable; or
3. Such alternative service as a court of competent jurisdiction may order when Owner cannot with reasonable diligence be located.

III. OPERATIVE PROVISIONS

1. Notice of Intention
   Claimant hereby gives notice that it intends to claim and does hereby claim a mechanic’s lien against the Project and the real property on which it is situated, together with all buildings, structures, and appurtenances thereon, to secure the Lien Amount for labor, services, equipment, and/or materials furnished.

2. Amount Secured
   The Lien Amount shall not exceed the value of the Work actually performed and remaining unpaid as of the Effective Date, consistent with the “work_performed_value” liability cap specified in the parties’ agreement and under applicable law.

3. Conditions Precedent
   a. Timeliness – Claimant represents that this Notice is being served and recorded within the Notice Timing Window.
   b. Service – A true and attested copy of this Notice will be (i) recorded, and (ii) served upon Owner using one or more Service Methods on or before [SERVICE DEADLINE DATE].

4. Reservation of Rights
   Claimant reserves all rights and remedies available under the Lien Law, any applicable contract, and at equity, including the right to commence an action for lien enforcement, injunctive relief, and recovery of costs and reasonable attorneys’ fees as permitted by law.

IV. REPRESENTATIONS & WARRANTIES

1. Authority – Claimant is duly authorized to execute and deliver this Notice.
2. Accuracy – The information contained herein is, to the best of Claimant’s knowledge, true, correct, and complete in all material respects.
3. Survival – The representations and warranties herein shall survive the recording and service of this Notice.

V. COVENANTS & RESTRICTIONS

1. Duty to Update – Claimant shall, upon written request from Owner, provide reasonable documentary backup (e.g., invoices, delivery tickets, time sheets) substantiating the Lien Amount.
2. Cooperation – Owner shall permit reasonable access to the Project for the limited purpose of allowing Claimant to verify the status of its Work and the Project.

VI. DEFAULT & REMEDIES

1. Event of Default – Failure by Owner or its agents to remit the Lien Amount within [CURE PERIOD] days after service of this Notice constitutes a default.
2. Remedies – Upon default, Claimant may, without further notice:
   a. Commence an action in the [COUNTY] Superior Court to foreclose the mechanic’s lien and seek injunctive relief preventing further transfer or encumbrance of the Property;
   b. Recover the Lien Amount, interest, costs of suit, and reasonable attorneys’ fees as allowed by the Lien Law; and
   c. Pursue any additional contractual or statutory remedies available.

VII. RISK ALLOCATION

[// GUIDANCE: Indemnification is “not_applicable” per metadata. Include only limitation of liability.]

1. Limitation of Liability
   The total liability of Claimant under this Notice shall not exceed the value of the Work actually performed and remaining unpaid, together with such statutory add-ons (interest, costs, fees) as the court may award.

2. Force Majeure
   Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control, including acts of God, governmental actions, labor disturbances, and supply chain disruptions.

VIII. DISPUTE RESOLUTION

1. Governing Law – This Notice and any dispute arising hereunder are governed by the laws of the State of Rhode Island.
2. Forum Selection – Exclusive venue lies in the state courts located in [COUNTY], Rhode Island.
3. Injunctive Relief – Nothing herein limits Claimant’s right to seek immediate injunctive relief to preserve, perfect, or enforce its mechanic’s lien rights.
4. Arbitration / Jury Waiver – Not applicable.

IX. GENERAL PROVISIONS

1. Amendment & Waiver – No amendment or waiver of any provision of this Notice is effective unless in writing, signed by Claimant, and, where required, recorded.
2. Assignment – Claimant may assign its rights under this Notice in connection with a bona fide factoring or financing transaction without the prior consent of Owner.
3. Severability – If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
4. Entire Notice – This instrument constitutes the entire pre-lien notice required or permitted under the Lien Law with respect to the Work described herein.
5. Electronic Signatures – This Notice may be executed and delivered by electronic means to the fullest extent permitted by law.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned Claimant has executed this Notice effective as of the Effective Date written below.

STATE OF __
COUNTY OF ____

On this ___ day of __, 20_, before me, the undersigned notary public, personally appeared [NAME], who proved to me through satisfactory evidence of identification to be the person whose name is signed above, and acknowledged that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument, the entity upon behalf of which the person acted executed the instrument.

Notary Public
My commission expires: ______

APPENDIX A – STATUTORY TEXT (OPTIONAL)

[// GUIDANCE: If the practitioner wishes to include the verbatim statutory “NOTICE OF POSSIBLE MECHANIC’S LIEN” language required for certain residential contracts under R.I. Gen. Laws Title 34, Chap. 28, insert it here in 12-point bold, all capitals exactly as set forth in the statute.]

[// GUIDANCE: SERVICE INSTRUCTIONS]
1. Record the original Notice in the Land Evidence Records before or simultaneously with service on Owner.
2. Serve Owner via at least one Service Method and retain proof of delivery.
3. Calendar Deadlines for (i) filing any required Statement of Account, and (ii) commencing lien-enforcement litigation within the statutory period (typically 90 days after recording).
4. Verify that any mandatory “Notice of Possible Mechanic’s Lien” was previously furnished for residential projects ≥$2,000; if not, provide concurrently.
5. Consult Local Rules—some municipal clerks require cover sheets, margin specifications, or real-estate tax block/lot designations.