The property statutes under Title 34 (§ 34-28-17A) allow an owner, lessee or tenant of a property to file a Rhode Island mechanics lien discharge bond removing a notice of intention and lis pendens, and dismissing a cause lien placed by a party that accomplishes work or delivery of materials for construction, erection, alteration or repair, subject to certain prior notification requirements. After filing the surety bond, on motion of the owner, lessee or tenant any justice of the superior court of Rhode Island must enter the discharge and dismissal order.
Pursuant to §34-28-17, after the recording of a notice of intention or after the filing of a complaint to enforce a lien under the statute, an owner, lessee or tenant of a parcel described in the notice or complaint may file with the registry of the court a lien discharge bond in the county in which the land is located equal to the total amount of the notice of intention and the accounts and demands of all persons claiming liens. The bond penalty must be calculated to include costs, interest at the statutory rate and reasonable attorney's fees of the lien claimant. After filing an adequate discharge bond of a surety company and discharge of the notice of intention and lis pendens, the lien plaintiff must amend the jhis or her complaint to include the surety company as defendant within sixty (60) days after the person or entity claiming the lien is given notice of bond filing and lienee's motion.
*The State of Rhode Island requires statutorily specific language be included in the surety bond to release a mechanic's lien.
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