How to file a mechanics lien in Rhode Island

Step by step

12 steps for a subcontractor in Rhode Island.

1. 1

   Step 1: Date-stamp every unpaid item of work from day one

   Continuously, from your first day on the job.

   Here is the money trap. Recording your Notice of Intention only protects work you did in the 200 days BEFORE the day you record. Anything older than that is void and wholly lost, even if your filing was perfectly on time. So your real clock runs from your earliest unpaid item, not your last day on site. One exception: retainage. A notice covers retainage earned but not paid going all the way back to when the work began, so retainage escapes the 200-day cutoff.

   How

   Keep dated delivery tickets, daily reports, signed time sheets, and invoices tied to specific dates, so you can prove which dollars fall inside the 200-day window.

   Proof to keep

   Dated records showing exactly what was furnished on what date, and which of it is still unpaid.

   If you miss it: You file a timely lien that is worth almost nothing. On a job longer than 200 days, a contractor who waits until the end perfects only the last 200 days of value and silently forfeits the rest.

   R.I. Gen. Laws §§ 34-28-4(a), 34-28-9(opens the statute in a new tab)
2. 2

   Step 2: Mail the Notice of Intention to the owner by certified mail

   Before or within 200 days after you did the work or furnished the materials. Read step 3 first — the outer limit is rarely the date you actually want.

   This is the document that creates your lien. It is not a warning letter. Mailing it and recording it are two separate legal requirements and you need both — mailing alone perfects nothing, recording alone perfects nothing.

   Where it goes

   To the owner of record of the land, or the lessee or tenant, at their last known home or business address. If you cannot find an address after asking the party you contracted with directly, mail it to the address of the land itself.

   How

   Prepaid registered or certified mail, return receipt requested. Either registered or certified works; the return receipt is not optional.

   Proof to keep

   The registered or certified mail receipt, the signed return-receipt card, and a dated copy of the exact document you mailed.

   What the document must contain

   • The owner of record's or lessee's name and mailing address, in the upper left hand corner of the notice
   • A general description of the land
   • The nature and approximate value of the work or materials as of the date of the notice
   • The name and address of the person you dealt with directly — for a sub that is the general contractor, not the owner
   • Your own name and address, and the name of whoever is authorized to sign for you
   • A statement that you have not been paid
   • Signed and sworn under oath before a notary — a signature alone is not enough

   If you miss it: The lien is void and wholly lost. There is no late filing.

   R.I. Gen. Laws § 34-28-4(a)(opens the statute in a new tab)
3. 3

   Step 3: Record a copy of the Notice of Intention with the city or town clerk

   Also before or within the same 200 days. But understand what recording does: the date you record is the date a 40-day clock starts running on filing a lawsuit. Recording early does not buy time — it burns it.

   The second half of perfection. The recording date is the single most important date in a Rhode Island lien: the 200-day lookback on value is measured backward from it, and the 40-day deadline to sue is measured forward from it.

   Where it goes

   The land evidence records of the city or town where the land sits. Rhode Island has no county recording offices — all 39 cities and towns keep their own land evidence records. Do not go looking for a county recorder; there isn't one.

   How

   Deliver or mail the sworn notice to the clerk with the fee. § 34-13-7 lists $8.00 for a notice of intention under the mechanics' lien law, plus $1.00 for each additional page; § 34-28-5 states the same $8.00 fee.

   Proof to keep

   The clerk's recording stamp showing book, page and the exact date recorded. Everything downstream counts from that date.

   What the document must contain

   • The same sworn notice you mailed
   • The owner of record's or lessee's name referenced in it — the clerk is allowed to refuse a notice that fails to reference it

   If you miss it: The lien is void and wholly lost. And if the clerk rejects your notice for missing the owner of record's name, the days spent fixing it come out of the same 200 — a rejection discovered near day 200 is unrecoverable.

   R.I. Gen. Laws §§ 34-28-4(a), 34-28-5(opens the statute in a new tab)
4. 4

   Step 4: If the certified mail comes back undelivered, re-file it with the envelope

   Within 30 days after the notice is returned to you, and in no event more than 200 days after you mailed it.

   A deadline nobody sees coming, because it only starts if the post office hands your envelope back. If the mailed Notice of Intention is returned undelivered for any reason, your lien is void unless you file the notice together with the unopened returned envelope.

   Where it goes

   The same city or town land evidence records where you recorded the notice.

   How

   File the notice and the envelope it came back in with the clerk.

   Proof to keep

   The returned envelope itself with its postal markings, and the clerk's recording stamp on the re-filing.

   What the document must contain

   • The notice of intention
   • The envelope in which it was returned

   If you miss it: The lien is void. This is why somebody has to be watching for the green card — or for the envelope coming back.

   R.I. Gen. Laws § 34-28-4(a)(opens the statute in a new tab)
5. 5

   Step 5: On a job running past 200 days, talk to a lawyer about a renewal notice

   Before any unpaid item passes 200 days old.

   A single Notice of Intention only reaches back 200 days from the day it was recorded. On an 18-month job, one filing at the end protects the last 200 days and loses the rest. The chapter does acknowledge that more than one notice can exist on a job: the lis pendens has to list 'renewal notices under § 34-28-9, if any.' But chapter 34-28 does not spell out a renewal procedure, and there is a real collision here — every recorded notice of intention starts its own 40-day clock to sue. Recording a renewal mid-job means being in Superior Court 40 days later. That tension is what to put in front of your attorney; the statute does not resolve it for you.

   Where it goes

   The land evidence records of the city or town, same as the original.

   How

   Not specified in the chapter. Raise it with counsel before the 200 days run.

   Proof to keep

   Recording stamps and dates for every notice of intention you file on the job, in order.

   If you miss it: Value older than 200 days before your recording date is void and wholly lost. Retainage is the one thing that survives.

   R.I. Gen. Laws §§ 34-28-4(a), 34-28-9, 34-28-11(a)(4)(opens the statute in a new tab)
6. 6

   Step 6: Record the notice of lis pendens

   Within 40 days of the date you recorded the Notice of Intention. This is one of the shortest enforcement windows in the country.

   The public warning that your lien is being enforced. It and the lawsuit are a pair — doing one without the other inside 40 days kills the lien.

   Where it goes

   The land evidence records of the city or town where the land is located.

   How

   Record it with the clerk and pay the fee. § 34-13-7 lists $80.00 for a lis pendens.

   Proof to keep

   The clerk's recording stamp with book, page and date.

   What the document must contain

   • A statement that you have filed, or will file within 7 days, a complaint to enforce the lien
   • The name of the defendant and their relationship to the property
   • A description of the land — metes and bounds, plat reference, tax assessor's lot, or other description
   • The amount claimed as due
   • The dates you mailed and the dates you recorded the notice of intention, and any renewal notices
   • The name and address of the person the notice of intention was mailed to
   • Your name and address, and your attorney's information if you have one

   If you miss it: The lien is void and wholly lost.

   R.I. Gen. Laws §§ 34-28-10(a), 34-28-11, 34-28-12(opens the statute in a new tab)
7. 7

   Step 7: File the complaint to enforce the lien in Superior Court

   The same day you record the lis pendens, or within 7 days after it — and in every case inside the same 40 days from the date you recorded the Notice of Intention.

   The lawsuit itself. Rhode Island does not give you months to think about it: the 40 days cover both the lis pendens and this complaint.

   Where it goes

   The Superior Court for the county in which the land is situated. Note this is a completely different office from the town clerk — the recording is municipal, the lawsuit is by county.

   How

   File the complaint with the court, plus the court's civil entry fee (set by the court, not by chapter 34-28).

   Proof to keep

   The court's date-stamped copy of the complaint and the docket number.

   What the document must contain

   • The particulars of your account or demand — amount claimed, extras, and payments received
   • The dates work was performed or materials furnished
   • What you did to perfect the lien under this chapter
   • A description of the property and the interest you claim against
   • The name of the owner of record, and the landlord or lessee if applicable
   • The names and addresses of everyone who has filed a notice of intention on the property
   • A list of everyone with recorded title, claims, leases, mortgages, attachments or liens on the property
   • A prayer for enforcement against the improvement and for a sale to satisfy the claims

   If you miss it: The lien is void and wholly lost. Recording the lis pendens without filing this, or filing this without the lis pendens, forfeits everything you did in the first eight steps.

   R.I. Gen. Laws §§ 34-28-10(a), 34-28-13(opens the statute in a new tab)
8. 8

   Step 8: Mail the published advertisement to everyone else who filed a notice of intention

   At least 10 days before the return day of the citation.

   After your complaint is in, the clerk publishes an advertisement in a newspaper and issues citations to the owners and encumbrancers on your list. As plaintiff, you have to mail a copy of that advertisement to each person who filed a notice of intention on the property.

   Where it goes

   To each person on the list of notice-of-intention filers you gave the court.

   How

   Mail, postage prepaid, a copy of the advertisement to each of them.

   Proof to keep

   Proof of mailing for each one, plus a copy of the published advertisement and its publication date.

   If you miss it: § 34-28-14 does not state its own penalty, but this is your obligation as plaintiff and the other claimants' notice of the case depends on it. Your attorney will handle it; do not assume the court does it for you.

   R.I. Gen. Laws §§ 34-28-14, 34-28-15(opens the statute in a new tab)
9. 9

   Step 9: If the owner bonds off the lien, amend your complaint to add the surety

   Optional

   Within 60 days after you get notice of the court's order, if you already have a complaint on file. If you recorded a notice of intention but have not sued yet, the § 34-28-10 time limits still govern.

   The owner, lessee or tenant can deposit money or file a surety bond with the court covering the claims plus costs, interest and reasonable attorney's fees. The court then discharges the notice of intention and the lis pendens and dismisses the case — the land walks free and your claim moves to the deposit or the bond. Your claim does not follow automatically; you have to go get it.

   Where it goes

   The same Superior Court.

   How

   File or amend a complaint against the surety, or against the clerk holding the deposit.

   Proof to keep

   The court's order on the deposit or bond, the date you received notice of it, and your date-stamped amended complaint.

   If you miss it: Your lien is already off the property, and the claim against the money can be lost too.

   R.I. Gen. Laws § 34-28-17(opens the statute in a new tab)
10. 10

    Step 10: Be ready to defend the lien on one week's notice

    Any time after you record. The order to show cause has to be served on you no later than one week before the hearing.

    This is the lever the other side pulls, and most contractors never see it coming. Any person in interest — owner, contractor, lender — can go to Superior Court with a verified complaint and written proof and ask the court to declare your lien invalid or void. Grounds include: that a lender is refusing to keep funding solely because of your lien; that you have no valid lien given the character of the work or the contract; that a notice or instrument was not filed or recorded the way the statute requires; or any other failure to comply with the mechanics lien statute. The court holds a show-cause hearing and enters an order.

    Where it goes

    Superior Court.

    How

    You appear at the show-cause hearing with your perfection paperwork.

    Proof to keep

    Everything from the earlier steps, in one place, ready to produce on a week's notice: the pre-work notice or the contract containing it, the certified mail receipt and green card, the recorded Notice of Intention with its stamp, the lis pendens, and the complaint.

    If you miss it: The court can declare your lien invalid or void. Every paperwork shortcut you took earlier becomes an argument for the other side at this hearing.

    R.I. Gen. Laws § 34-28-17.1(opens the statute in a new tab)
11. 11

    Step 11: If another claimant sues first and cites you in, appear within 20 days

    Within 20 days after the return day of the citation.

    If someone else on the job enforces their lien first, the court issues you a citation. You have to enter an appearance as a party and file your account and demand. Your account and demand has to contain what § 34-28-13 requires of a complaint, except you do not have to list the other notice-of-intention filers or the recorded encumbrances.

    Where it goes

    The Superior Court where the other claimant filed.

    How

    Enter an appearance in the case and file the account and demand. The fee listed in § 34-13-7 for an 'account under mechanics' lien law' is $10.00.

    Proof to keep

    The citation with its return day, and your date-stamped appearance and account and demand.

    What the document must contain

    • The same particulars § 34-28-13 requires in a complaint — account, amounts, dates, perfection steps, property description
    • You may omit the list of other notice-of-intention filers and the list of recorded encumbrances

    If you miss it: Your lien is subordinated to the plaintiff's claim. You do not lose it outright, but you get paid after them — which on a short pot means not at all.

    R.I. Gen. Laws § 34-28-16(a)(opens the statute in a new tab)
12. 12

    Step 12: On a state, city or town job, skip the lien and go to the payment bond

    As soon as you know the owner is the state, a city, a town, or any subdivision or agency of one.

    No lien attaches to an improvement being built by or for the state, a city or a town, or to land they own. Filing one is a nullity. The remedy is a suit on the payment bond, and the statute is generous about who can bring it: you can sue on the bond in your own name even if you never mailed or recorded a notice of intention, even if you are not a party to the bond or the contract, even if you never knew about the bond or relied on it, and even if you gave the surety no notice.

    Where it goes

    Court. § 34-28-30 itself sets no deadline for bringing the suit — the timing for a Rhode Island public-works bond claim comes from outside chapter 34-28 (see R.I. Gen. Laws ch. 37-12) and is not stated here. Get that date from counsel; do not assume it is 200 days.

    How

    Suit on the bond, in your own name.

    Proof to keep

    A copy of the payment bond if you can obtain it, your contract, your invoices, and proof of what you furnished and when.

    If you miss it: You spend 200 days perfecting a lien that cannot legally exist, and the bond claim — your only actual remedy — sits untouched the whole time.

    R.I. Gen. Laws §§ 34-28-31, 34-28-30(opens the statute in a new tab)

Who can claim a lien in Rhode Island

Where you file

Office

City or Town Clerk / Recorder of Deeds — land evidence records of the city or town where the land is located

Recording fee

$8–$15

Notarization

Required

Sworn or verified

Sworn under oath

How it is served

Certified mail

Copies

2

Fees and office procedures change; confirm them with the recording office before you file.

What trips people up in Rhode Island

• The general contractor assumes the pre-work notice is a subcontractor problem. In Rhode Island it is the exact opposite: § 34-28-4.1 burdens the party in privity with the owner and leaves subs alone. A GC who never gave the Notice of Possible Mechanic's Lien before starting has no lien on that job, with no cure available.
• Recording the Notice of Intention early, thinking it is prudent. Recording starts a 40-day clock to record a lis pendens AND file a Superior Court lawsuit. Record on a Tuesday while still working the job and you are in litigation 40 days later or your lien is void.
• Waiting the full 200 days after the last day of work. That produces a technically timely lien worth almost nothing, because a recorded notice only reaches work done in the 200 days before the recording date. Everything older is void and wholly lost. Retainage is the only carve-out.
• Doing one of the two acts. Mailing the Notice of Intention to the owner without recording it perfects nothing. Recording it without mailing perfects nothing. Both, each inside 200 days.
• Recording the lis pendens and stopping there — or filing the lawsuit and forgetting the lis pendens. Both must land inside the 40 days, with the complaint the same day as the lis pendens or within 7 days after.
• Signing the Notice of Intention instead of swearing it. § 34-28-4(b) requires the notice to be executed under oath. An acknowledged-but-unsworn notice is defective.
• Leaving the owner of record's or lessee's name out. The town clerk is allowed to refuse to record a notice that fails to reference it, and the name and mailing address have to sit in the upper left hand corner. A rejection found on day 199 is a lost lien.
• Not watching for the green card. If the certified mailing comes back undelivered, the lien is void unless you re-file the notice with the returned envelope within 30 days of the return, and never more than 200 days after mailing.
• Looking for a county recorder. Rhode Island has none — all recording is at the 39 city and town clerks. But the enforcement lawsuit goes to the Superior Court for the county. Two different offices, two different governments, and days burned discovering it against a hard clock.
• Filing against a state, city or town project. No lien attaches (§ 34-28-31). The claimant runs out the clock on a remedy that never existed and never pursues the payment bond that was actually available.
• Lien-ing the landlord's property over tenant-ordered work. Work ordered by a lessee or tenant reaches only that tenant's interest. The landlord's title is reached only if the landlord's written consent to the work was obtained first.
• Getting cited into someone else's enforcement suit and letting it sit. Twenty days after the return day to appear and file an account and demand, or your lien is subordinated to theirs.
• Signing a no-lien clause and assuming it stuck. A pre-payment agreement barring the filing of a notice of intention or enforcement of a lien is void as against public policy. A waiver only binds if it was executed and delivered at the same time as, or after, payment.
• Residential work over $1,000 without a written contract carrying the notice. Two penalties from one omission: a $1,000 Contractors' Registration and Licensing Board fine under § 5-65-3(o), and loss of lien rights under § 34-28-4.1.
• Confusing the two documents. The Notice of Possible Mechanic's Lien (§ 34-28-4.1) is the pre-work notice. The Notice of Intention (§ 34-28-4) is the lien itself. They have different names, different deadlines, different recipients, and different consequences, and people routinely think they are the same paper.

After you file

• The moment the clerk stamps your Notice of Intention, a 40-day clock starts. Within it you must record a notice of lis pendens and file a complaint in the Superior Court for the county where the land sits, with the complaint the same day as the lis pendens or within 7 days after. Miss it and the lien is void and wholly lost (§ 34-28-10(a)).
• Your lis pendens has to recite the dates you mailed and recorded the notice of intention and the name and address of the person you mailed it to (§ 34-28-11). Keep those dates where you can find them fast.
• Once the complaint is in, the clerk publishes an advertisement and issues citations to the owners and encumbrancers on your list. You, as plaintiff, must mail a copy of that advertisement to each person who filed a notice of intention, at least 10 days before the return day (§ 34-28-14). Service of the citation itself is by deputy sheriff or constable, at least 5 days before the return day (§ 34-28-15).
• Watch for the owner's counter-move. The owner, lessee or tenant can deposit money or post a surety bond covering the claims plus costs, interest and reasonable attorney's fees. The court then discharges your notice of intention and lis pendens and dismisses the case, and the land is free. If you already have a complaint on file you have 60 days from notice of that order to amend it to bring in the surety; if you recorded but had not yet sued, the § 34-28-10 limits still govern (§ 34-28-17).
• Watch for the other counter-move. Any person in interest can petition the Superior Court to declare your lien invalid or void — on grounds including improper filing or recording, no valid lien given the character of the work or contract, a lender refusing to fund solely because of the lien, or any failure to comply with the statute. The show-cause order only has to reach you one week before the hearing (§ 34-28-17.1). Keep your whole perfection file assembled from day one.
• If another lienholder's case gets consolidated with yours or you are cited into theirs, you have 20 days after the return day to enter an appearance and file your account and demand, or your claim is subordinated to theirs (§ 34-28-16(a)).
• Releasing the lien in exchange for a direct payment from the owner is possible but expensive: § 34-28-27 requires you to release the lien before you are paid, and to first obtain the written consent of every person in the line of privity between you and the owner. That is a trade of your security for a promise, not a stop notice. Rhode Island has no stop notice or fund-trapping notice at all.
• The lien is not the only route. § 34-28-33 states the remedy in this chapter is not exclusive — a breach-of-contract claim runs on its own separate track and its own separate limitations period.