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Mechanic's Lien Ruled Constitutional Liens

Wednesday, March 09, 2005 01:13 pm

Mechanic's Lien Ruled Constitutional Liens

The Rhode Island Supreme Court has ruled that the state mechanic's lien statute, as recently amended, does not deprive project owners of their property rights without due process of law.

Robert Rossi awarded a contract to Gem Plumbing & Heating Co., Inc. to construct water and sewer lines for an office building Rossi was developing in Smithfield. Gem later sent Rossi a "notice of intention" and filed a copy of the notice in the municipal land records, thereby perfecting a mechanic's lien in accordance with the state statute. Rossi then filed suit to enforce its lien in the amount of $35,500. [...]

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