§ 34-28-1. Improvements by consent of owner — Contracts barring enforcement of lien against public policy. (a) Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of the owner, the owner being at the time […]
§ 34-28-10. Complaint to enforce lien — Lis pendens notice. (a) Any and all liens under the provisions of § 34-28-1, 34-28-2, 34-28-3, or 34-28-7 regardless of the mailing and filing of a notice of intention under § 34-28-4 or any exemption therefrom, shall be void and wholly lost to any person claiming a lien […]
§ 34-28-11. Contents of lis pendens. (a) The notice of lis pendens required to be filed under § 34-28-10 shall state that the person filing the notice of lis pendens that day has filed or will file within seven (7) days in the superior court a complaint to enforce a mechanics’ lien, and shall also […]
§ 34-28-12. Recording of lis pendens. Every town clerk and every recorder of deeds, as the case may be, on payment of a fee as provided in § 34-13-7 for each notice of lis pendens, shall record the notices of lis pendens provided for in §§ 34-28-10 and 34-28-11, whether in the form therein provided […]
§ 34-28-13. Form of complaint to enforce lien. The complaint to enforce a lien, filed under § 34-28-10, shall set forth the particulars of the account or demand for which the plaintiff claims a lien including the amount claimed, extras, payment made, the date or dates upon which work was done or materials furnished, shall […]
§ 34-28-14. Notice of complaint to owners and encumbrancers. Upon filing of the complaint, the clerk of the superior court shall, by one advertisement to be inserted in some public newspaper published in the city or town where the property against which the lien is claimed is located, but, if there shall be no public […]
§ 34-28-15. Contents and service of citation to owners and encumbrancers. (a) Every citation issued under § 34-28-14 shall contain a copy of the complaint and shall be served on the parties by a deputy sheriff or constable at least five (5) days before the return day of the citation, by leaving an attested copy […]
§ 34-28-16. Entry of appearance and filing of account or claim. (a) The liens, under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, of all persons, except the persons who have mailed and filed notices of intention under § 34-28-4 before the filing of the complaint and who have not been mailed a copy of the advertisement […]
§ 34-28-16.1. Petition to foreclose mortgage. At any time after the filing of a petition under § 34-28-10, the holder of a mortgage having a priority over liens existing under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 may petition the court to exercise the power of sale contained in the mortgage and the court shall grant […]
§ 34-28-16.2. Proceedings in superior court. Once the complaint, described in § 34-28-13, and containing all claims pursuant to § 34-28-16 has been filed with the court, the proceedings shall continue pursuant to the rules of civil procedure, in a nonjury proceeding. History of Section.P.L. 1991, ch. 328, § 3; P.L. 2006, ch. 630, § […]
§ 34-28-17. Dismissal of complaint, notice of lien, and release of lien upon deposit in court. (a) At any time after the recording of a notice of intention or after the filing of a complaint to enforce a lien under §§ 34-28-10 and 34-28-13, the owner or lessee or tenant of the land described in […]
§ 34-28-17.1. Dismissal of complaint for other cause. (a) If any person in interest, including, but not limited to, an owner or contractor, claims: (1) 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 […]
§ 34-28-18. Consolidation of proceedings by different lienholders. If more than one complaint under §§ 34-28-10 and 34-28-13 are filed against the same or any part of the same property, like proceedings shall be had on each, and each plaintiff shall give, upon motion of any person interested in the complaint made at any time, […]
§ 34-28-19. Costs of proceedings. The costs of the proceedings shall in every instance be within the discretion of the court as between any of the parties. Costs shall include legal interest, costs of advertising, and all other reasonable expenses of proceeding with the enforcement of the action. The court, in its discretion, may also […]
§ 34-28-2. Improvements by consent of tenant or lessee. Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of any lessee or tenant thereof, or by the husband of the lessee or tenant with the […]
§ 34-28-20. Persons entitled to contest claims. Every defendant to any complaint and every person claiming to have a lien under § 34-28-1, 34-28-2 or 34-28-3 on the property described therein or on any part thereof, and every person claiming an interest therein by title, claim, lease, mortgage, attachment, or other lien or encumbrance, may […]
§ 34-28-21. Decree ordering sale. The court shall, upon motion made by the plaintiff, defendant, or any other person, party to the proceedings, claiming to have a lien on the property or any part thereof under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, had any claim against the property at the time of filing the complaint, […]
§ 34-28-22. Court instructions as to sale. In every decree of sale the court shall prescribe the notice that shall be given of the sale, and shall also give therein instructions and particular directions as each case may require, and upon application to the court, at any time, further instructions and directions may be given […]
§ 34-28-23. Application of proceeds of sale. The proceeds of the sale, after payment of the master’s fees, costs and incidental charges as shall be allowed by the court, shall be applied by the master, according to his or her instructions from the court, to the payment of the claims as marshaled and ascertained, and […]
§ 34-28-24. Master’s bond. The court may, in its discretion, require of the master bond or bonds with surety or sureties in such sum and to the person or persons as it may direct, securing the faithful application of the proceeds of sale, and may from time to time remove the master on account of […]
