Lien deadlines · Rhode Island

Rhode Island mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Under R.I. Gen. Laws § 34-28-4(a), the default lien filing deadline for all five roles is before or within two hundred (200) days after the doing of the work or the furnishing of the materials. The deadline to sue for every role is 40 days after the notice of intention is recorded (§ 34-28-10(a)). Direct contractors' preliminary notice: any time prior to commencing work or delivery of materials (§ 34-28-4.1).

Rhode Island · Lien deadlinesVerified 2026-10-02
Lien filing
Before or within two hundred (200) days after the doing of the work or the furnishing of the materials
Preliminary notice
Direct contractor: Any time prior to commencing work or delivery of materials; Subcontractor, Sub-subcontractor, Supplier, Laborer: None required
Deadline to sue
40 days after the notice of intention is recorded

Preliminary notice

WhoProject typeBranchDeadlineStatute
Direct contractorAnyDefaultAny time prior to commencing work or delivery of materialsStatute: R.I. Gen. Laws § 34-28-4.1
What the statute says about it. Without the notice, that person may not claim a lien under the chapter, and a person failing to give it indemnifies and holds harmless the owner, lessee or tenant, or owner of less than the fee simple from any payment or costs incurred on account of liens claimed by those not in privity with them, unless that owner has not paid that person. The failure does not affect any other person's claim of a lien under the chapter, provided that the procedures set forth in the chapter are followed. Recipients: The owner, lessee, or tenant, or owner of less than the fee simple. Delivery: Incorporated conspicuously in a written contract, or sent by certified mail, return receipt requested
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultNone requiredStatute: R.I. Gen. Laws § 34-28-4(a)
No person contracting directly with either the owner of the land, lessee, or tenant of the land, or owner of less than the fee simple, other than material suppliers, as those terms are referred to in §§ 34-28-1, 34-28-2, 34-28-3, shall be entitled to claim a lien under this chapter unless that person shall have provided the following notice to the owner, lessee, or tenant, or owner of less than the fee simple, either incorporated conspicuously in a written contract or sent by certified mail, return receipt requested, any time prior to commencing work or delivery of materials for construction, erection, alteration or repair as set forth in this chapter.
R.I. Gen. Laws § 34-28-4.1 · Archived copy of the official text, captured 2025-11-09
However, such person failing to file such notice shall indemnify and hold harmless any owner, lessee or tenant, or owner of less than the fee simple from any payment or costs incurred on account of any liens claims by those not in privity with them, unless such owner, lessee or tenant, or owner of less than the fee simple shall not have paid such person.
R.I. Gen. Laws § 34-28-4.1 · Archived copy of the official text, captured 2025-11-09
The failure of such person contracting directly to give such notice shall not affect the right of any other person performing work or furnishing materials of claiming a lien pursuant to this chapter, provided that the procedures set forth in this chapter are followed.
R.I. Gen. Laws § 34-28-4.1 · Archived copy of the official text, captured 2025-11-09
(a) Except as provided in § 34-28-7, any and all liens claimed or that could be claimed under §§ 34-28-1, 34-28-2 or 34-28-3 shall be void and wholly lost to any person claiming under those sections unless the person shall, before or within two hundred (200) days after the doing of such work or the furnishing of such materials, mail by prepaid registered or certified mail, in either case return receipt requested, a notice of intention, hereinafter described, to do work or furnish material, or both, together with a statement that the person so mailing may within two hundred (200) days after the doing of the work or the furnishing of the materials, file a copy of such notice of intention in the records of land evidence in the city or town in which the land generally described in such notice of intention is located and a further statement that the mailing of the notice of intention and the filing of the copy will perfect a lien of the person so mailing against the land under and subject to the provisions of this chapter, to the owner of record of the land at the time of the mailing, or, in the case of a lien against the interest of any lessee or tenant, to the lessee or tenant,
R.I. Gen. Laws § 34-28-4(a) · Archived copy of the official text, captured 2025-11-09
the mailing to be addressed to the last known residence or place of business of the owner or lessee or tenant, but if no residence or place of business is known or ascertainable by the person making the mailing by inquiry of the person with whom the person making the mailing is directly dealing or otherwise, then the mailing under this section shall be to the address of the land, and also shall before or within two hundred (200) days after the doing of the work or the furnishing of the materials file a copy of the notice of intention in the records of land evidence in the city or town in which the land generally described in the notice of lien is located.
R.I. Gen. Laws § 34-28-4(a) · Archived copy of the official text, captured 2025-11-09

Notice of intent

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultBefore or within two hundred (200) days after the doing of the work or the furnishing of the materialsStatute: R.I. Gen. Laws § 34-28-4(a)
What the statute says about it. Unless the notice is mailed, and a copy filed in the land evidence records, within that time, the lien is void and wholly lost. Recipients: The owner of record of the land at the time of the mailing, or, for a lien against the interest of a lessee or tenant, the lessee or tenant. Delivery: Prepaid registered or certified mail, return receipt requested, addressed to the last known residence or place of business, or to the address of the land if none is known or ascertainable
(a) Except as provided in § 34-28-7, any and all liens claimed or that could be claimed under §§ 34-28-1, 34-28-2 or 34-28-3 shall be void and wholly lost to any person claiming under those sections unless the person shall, before or within two hundred (200) days after the doing of such work or the furnishing of such materials, mail by prepaid registered or certified mail, in either case return receipt requested, a notice of intention, hereinafter described, to do work or furnish material, or both, together with a statement that the person so mailing may within two hundred (200) days after the doing of the work or the furnishing of the materials, file a copy of such notice of intention in the records of land evidence in the city or town in which the land generally described in such notice of intention is located and a further statement that the mailing of the notice of intention and the filing of the copy will perfect a lien of the person so mailing against the land under and subject to the provisions of this chapter, to the owner of record of the land at the time of the mailing, or, in the case of a lien against the interest of any lessee or tenant, to the lessee or tenant,
R.I. Gen. Laws § 34-28-4(a) · Archived copy of the official text, captured 2025-11-09
the mailing to be addressed to the last known residence or place of business of the owner or lessee or tenant, but if no residence or place of business is known or ascertainable by the person making the mailing by inquiry of the person with whom the person making the mailing is directly dealing or otherwise, then the mailing under this section shall be to the address of the land, and also shall before or within two hundred (200) days after the doing of the work or the furnishing of the materials file a copy of the notice of intention in the records of land evidence in the city or town in which the land generally described in the notice of lien is located.
R.I. Gen. Laws § 34-28-4(a) · Archived copy of the official text, captured 2025-11-09

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultBefore or within two hundred (200) days after the doing of the work or the furnishing of the materialsStatute: R.I. Gen. Laws § 34-28-4(a); R.I. Gen. Laws § 34-28-9
What the statute says about it. The mailing and the filing, together with the mailing of another copy "as herein below provided", perfect the lien, subject to the chapter's other sections, as to work done or materials furnished during the two hundred days prior to the filing and thereafter, and any lien for work done or materials furnished before those two hundred days is void and wholly lost.
Direct contractor, Subcontractor, Sub-subcontractorAnyFor the lien of any architect or engineer, or of any immediate or mediate subcontractor thereto, for work done in connection with the construction, erection, alteration, or reparation, the result of which is used thereinBefore the later of two hundred (200) days of the performance of the work or ten (10) days after the actual and visible commencement, by excavation or otherwise, of the construction, erection, alteration or reparationStatute: R.I. Gen. Laws § 34-28-7
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyIf the mailed notice of intention is returned to the person mailing it, not having been delivered for any reasonWithin thirty (30) days after the return of the notice of intention, and in no event more than two hundred (200) days after the mailing of the noticeStatute: R.I. Gen. Laws § 34-28-4(a)
What the statute says about it. Otherwise the lien of the person so mailing is void and wholly lost. The notice is filed together with the envelope in which it was returned.
(a) Except as provided in § 34-28-7, any and all liens claimed or that could be claimed under §§ 34-28-1, 34-28-2 or 34-28-3 shall be void and wholly lost to any person claiming under those sections unless the person shall, before or within two hundred (200) days after the doing of such work or the furnishing of such materials, mail by prepaid registered or certified mail, in either case return receipt requested, a notice of intention, hereinafter described, to do work or furnish material, or both, together with a statement that the person so mailing may within two hundred (200) days after the doing of the work or the furnishing of the materials, file a copy of such notice of intention in the records of land evidence in the city or town in which the land generally described in such notice of intention is located and a further statement that the mailing of the notice of intention and the filing of the copy will perfect a lien of the person so mailing against the land under and subject to the provisions of this chapter, to the owner of record of the land at the time of the mailing, or, in the case of a lien against the interest of any lessee or tenant, to the lessee or tenant,
R.I. Gen. Laws § 34-28-4(a) · Archived copy of the official text, captured 2025-11-09
the mailing to be addressed to the last known residence or place of business of the owner or lessee or tenant, but if no residence or place of business is known or ascertainable by the person making the mailing by inquiry of the person with whom the person making the mailing is directly dealing or otherwise, then the mailing under this section shall be to the address of the land, and also shall before or within two hundred (200) days after the doing of the work or the furnishing of the materials file a copy of the notice of intention in the records of land evidence in the city or town in which the land generally described in the notice of lien is located.
R.I. Gen. Laws § 34-28-4(a) · Archived copy of the official text, captured 2025-11-09
The mailing of the notice of intention and the filing of the copy in the land evidence records together with the mailing of another copy thereof as herein below provided shall perfect, subject to other sections of this chapter, the lien of the person so mailing and filing as to work done or materials furnished by the person during the two hundred (200) days prior to the filing and thereafter, but not as to work done or materials furnished by the person before the two hundred (200) days prior to the filing, any lien for which shall be void and wholly lost.
R.I. Gen. Laws § 34-28-4(a) · Archived copy of the official text, captured 2025-11-09
A notice of lien recorded in the land evidence records pursuant to § 34-28-4 shall be effective for two hundred (200) days prior to the date of filing.
R.I. Gen. Laws § 34-28-9 · Archived copy of the official text, captured 2026-09-19
The lien, under §§ 34-28-1, 34-28-2 or 34-28-3, of any architect or engineer, or of any immediate or mediate subcontractor thereto, for work done in connection with the construction, erection, alteration, or reparation, the result of which is used therein, shall be valid and enforceable under the provisions of this chapter if and only if a notice of intention provided for in § 34-28-4, is mailed and filed in accordance therewith by the architect, engineer, or such subcontractor thereto, the mailing and filing in the land evidence records to be before the later of two hundred (200) days of the performance of the work or ten (10) days after the actual and visible commencement, by excavation or otherwise, of the construction, erection, alteration or reparation.
R.I. Gen. Laws § 34-28-7 · Archived copy of the official text, captured 2026-06-09
In the event that the notice of intention, having been mailed, shall be returned to the person mailing the notice, not having been delivered for any reason, the lien of the person so mailing shall be void and wholly lost, notwithstanding any other provision of this section, unless such person shall, within thirty (30) days after the return of the notice of intention, and in no event more than two hundred (200) days after the mailing of the notice, file the notice together with the envelope in which the notice was returned, in the place and manner and with the consequences hereinbefore provided for the filing of a copy of the notice of intention, and the filing shall be in lieu of any filing required at any other time under this section.
R.I. Gen. Laws § 34-28-4(a) · Archived copy of the official text, captured 2025-11-09

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault40 days after the notice of intention is recordedStatute: R.I. Gen. Laws § 34-28-10(a)
What the statute says about it. Unless both are filed within that time, the lien is void and wholly lost, and for a person who fails to file them within the forty days it is void and wholly lost as to work done or materials furnished prior to the two hundred day period.
(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 under those sections, unless the person shall file a complaint to enforce the lien, described in § 34-28-13, in the superior court for the county in which is situated the land upon which the building, canal, turnpike, railroad, or other improvement is being or has been constructed, erected, altered, or repaired, and unless such person shall also file in the records of land evidence in the city or town in which such land is located a notice of lis pendens, described in § 34-28-11, the complaint to be filed on the same day as the notice of lis pendens, or within seven (7) days thereafter, and both the complaint and the notice of lis pendens to be filed within forty (40) days of the date of the recording of the notice of intention provided in § 34-28-4 and § 34-28-7.
R.I. Gen. Laws § 34-28-10(a) · Archived copy of the official text, captured 2025-11-09
The lien of any person under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 who fails to file a complaint and notice of lis pendens under this section within the required forty (40) day period, shall be void and wholly lost as to work done or materials furnished prior to the two hundred (200) day period, regardless of the fact that the person may thereafter do other work or furnish other materials in the course of the same construction, erection, alteration, or reparation.
R.I. Gen. Laws § 34-28-10(a) · Archived copy of the official text, captured 2025-11-09

How the days are counted

The day of the event is not counted, and the last day of the period is.

Whenever time is to be reckoned from any day, date, or act done, or the time of any act done, the day, date, or the day when the act is done shall not be included in the computation.
R.I. Gen. Laws § 43-3-13 · Archived copy of the official text, captured 2025-05-02

Who the deadlines apply to

Rhode Island's timetable sits in R.I. Gen. Laws ch. 34-28, and no rule on this page is limited by project type.

At the preliminary notice stage, § 34-28-4.1 reaches a person contracting directly with the owner, lessee or tenant, or owner of less than the fee simple, other than a material supplier [1]. The table lists that rule for direct contractors. Subcontractors, sub-subcontractors, suppliers and laborers have a separate row that reads None required [2].

From the notice of intention onward, the default rows name all five roles: direct contractors, subcontractors, sub-subcontractors, suppliers and laborers [2] [5]. Two lien filing rows apply only under a condition, and each is described below with that condition first.

How the periods run

Before work starts. The direct contractor's notice has no counted date. Its period is Any time prior to commencing work or delivery of materials [1]. Section 34-28-4.1 states what follows without it: that person may not claim a lien under the chapter, and indemnifies and holds harmless the owner, lessee or tenant, or owner of less than the fee simple from any payment or costs incurred on account of liens claimed by those not in privity with them, unless that owner has not paid that person [1]. The same section says the failure does not affect any other person's claim, provided the chapter's procedures are followed [1].

The notice of intention. The claimant mails a notice of intention and files a copy in the land evidence records of the city or town where the land lies. Both steps carry the same label: Before or within two hundred (200) days after the doing of the work or the furnishing of the materials [2]. Missing them leaves the lien void and wholly lost [2]. The calculator counts no date for these rows, since the doing of the work is not one of the dates it takes.

The mailing and the filing, together with the mailing of another copy "as herein below provided", perfect the lien, subject to the chapter's other sections, as to work done or materials furnished during the two hundred days prior to the filing and thereafter [2].

Architects and engineers. For the lien of any architect or engineer, or of any immediate or mediate subcontractor thereto, for work done in connection with the construction, erection, alteration, or reparation, the result of which is used therein, § 34-28-7 sets its own lien filing row: Before the later of two hundred (200) days of the performance of the work or ten (10) days after the actual and visible commencement, by excavation or otherwise, of the construction, erection, alteration or reparation [4]. The row names direct contractors, subcontractors and sub-subcontractors.

A returned notice. If the mailed notice of intention is returned to the person mailing it, not having been delivered for any reason, the lien filing row reads Within thirty (30) days after the return of the notice of intention, and in no event more than two hundred (200) days after the mailing of the notice [2]. The notice is filed with the envelope it came back in; otherwise the lien is void and wholly lost [2].

The suit. Section 34-28-10(a) pairs a complaint to enforce the lien with a notice of lis pendens. The period is 40 days after the notice of intention is recorded [5], and the calculator counts it from the recording date entered. Unless both are filed in time, the lien is void and wholly lost [5].

Counting the days

Under R.I. Gen. Laws § 43-3-13, when time is reckoned from a day, a date or an act, that day is left out of the computation [6].

What changed recently

Sections 34-28-4 and 34-28-9 were last amended by P.L. 2008, ch. 75 and ch. 345 [2] [3]. Section 34-28-4.1 was last amended by P.L. 2015, ch. 258 and ch. 279 [1], and §§ 34-28-7 and 34-28-10 by P.L. 2006, ch. 630 [4] [5].

Related

Lien deadlines: other states

Sources

  1. R.I. Gen. Laws § 34-28-4.1, State of Rhode Island General Assembly (archived copy, captured 2025-11-09)
  2. R.I. Gen. Laws § 34-28-4, State of Rhode Island General Assembly (archived copy, captured 2025-11-09)
  3. R.I. Gen. Laws § 34-28-9, State of Rhode Island General Assembly (archived copy, captured 2026-09-19)
  4. R.I. Gen. Laws § 34-28-7, State of Rhode Island General Assembly (archived copy, captured 2026-06-09)
  5. R.I. Gen. Laws § 34-28-10, State of Rhode Island General Assembly (archived copy, captured 2025-11-09)
  6. R.I. Gen. Laws § 43-3-13, State of Rhode Island General Assembly (archived copy, captured 2025-05-02)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island and South Carolina.
  3. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  4. : 10 more jurisdictions published: Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi and Missouri.
  5. : Dataset first published: 9 of 51 jurisdictions published.