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Rhode Island lien waiver requirements
Rhode Island voids advance lien waivers as a matter of public policy.
R.I. Gen. Laws Chapter 34-28
The short version
Rhode Island mechanic's liens are governed by R.I. Gen. Laws Chapter 34-28. The statute does not prescribe a waiver form, but it does take a hard position on advance waivers. Section 34-28-1 declares any contract clause that bars filing a notice of intention or enforcing a lien void and unenforceable as against public policy. Post-payment waivers are fine. Pre-payment waivers are not.
At a glance
- R.I. Gen. Laws Chapter 34-28 governs mechanic's liens
- §34-28-1 voids advance waiver clauses as against public policy
- Post-payment waivers are allowed and routine
- No statutory waiver form is required
The public policy ban on advance waivers
Section 34-28-1 says any covenant, promise, agreement, or understanding tied to a construction contract that bars filing a notice of intention or enforcing a lien is void and unenforceable. That language is strong. Rhode Island courts treat it as a baseline rule, not a guideline.
What survives the rule is a written waiver delivered simultaneously with or after payment. That's the lane. Conditional and unconditional waivers tied to actual checks land squarely inside it.
How to collect waivers Rhode Island actually enforces
Send conditional progress waivers with each pay app. When the bank confirms the check cleared, follow up with unconditional progress waivers. Repeat for the final payment. Each waiver should name the project, the through-date, and the dollar amount.
Avoid global waivers signed at contract signing. Even if the sub signs without complaint, a Rhode Island court will likely strike that clause if it ever matters.
Notice of intention as the other lever
Chapter 34-28 requires subs to file a notice of intention to claim a lien with the recorder of deeds before the lien can take effect. That filing is what your waiver releases.
When a sub signs an unconditional waiver after a cleared payment, they're releasing the right to file or maintain a notice of intention for that amount. Tie the waiver language directly to that release so the document does the job the statute expects.
Questions
Are advance lien waivers enforceable in Rhode Island?
No. §34-28-1 voids any advance waiver clause as against public policy.
When can a Rhode Island sub sign a valid lien waiver?
Simultaneously with or after payment for the labor or materials.
Does Rhode Island require a statutory waiver form?
No. The statute prohibits advance waivers but does not prescribe a form.
Send a Rhode Island waiver in two minutes.
The right form, the right notice, signed on a phone. Released when the check clears.
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