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Lien waivers by state · Rhode Island

Rhode Island lien waiver requirements

Rhode Island is a non-statutory state

Rhode Island does not prescribe a statutory lien-waiver form or any mandatory waiver language, so parties may word waivers freely. However, lien rights cannot be waived in advance of payment — a written waiver is only valid if executed and delivered simultaneously with or after payment for the labor or materials, and any contract clause attempting to bar or impair mechanics-lien rights is against public policy and void.

Statute: R.I. Gen. Laws § 34-28-1 et seq. (Mechanics' Liens); § 34-28-1 prohibits pre-payment lien waivers and no-lien contract clauses

Rhode Island lien waiver forms

The four standard waiver-and-release types and Rhode Island’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Rhode Island statute does not require lien waivers to be notarized; only the signature of the waiving party is needed (though a party may request notarization by agreement).
Mandatory statutory language: No statutorily mandated waiver-form language. The key statutory restriction is timing, not wording: a waiver is only enforceable if executed simultaneously with or after payment (R.I. Gen. Laws § 34-28-1), and no-lien clauses in construction contracts are void as against public policy.
Electronic signatures accepted

Key Rhode Island deadlines

Preliminary / pre-lien notice: For prime/general contractors: a "Notice of Possible Mechanic's Lien" must be provided to the owner (no general preliminary-notice requirement for subcontractors). Sources vary on exact timing for the prime-contractor notice, so confirm against R.I. Gen. Laws § 34-28-4.1.
Notice of intent to lien: Notice of Intention to claim a lien must be mailed (registered/certified) and recorded in the land evidence records within 200 days after last furnishing labor or materials (R.I. Gen. Laws § 34-28-4).
Mechanics lien filing deadline: Within 200 days after last furnishing labor or materials (the recorded Notice of Intention perfects the lien); a lien-enforcement action must then be commenced within 40 days after the Notice of Intention is recorded.

Rhode Island lien waiver FAQ

Does Rhode Island require a specific lien waiver form?

No. Rhode Island does not prescribe a statutory lien-waiver form or any mandatory waiver language, so parties may word waivers freely — but a waiver is only valid if signed at or after payment, and pre-payment/no-lien contract clauses are void.

Do lien waivers need to be notarized in Rhode Island?

No. Rhode Island statute does not require lien waivers to be notarized; the signature of the waiving party is sufficient (notarization can be required by private agreement).

Can lien waivers be signed electronically in Rhode Island?

Yes. Rhode Island has no rule prohibiting electronic signatures on lien waivers, and e-signatures are generally accepted.

What is the deadline to file a mechanics lien in Rhode Island?

Within 200 days after the claimant last furnished labor or materials, the claimant must mail and record a Notice of Intention to perfect the lien (R.I. Gen. Laws § 34-28-4); a suit to enforce must then be filed within 40 days of recording.