§ 34-28-4.1 - Contractors.
SECTION 34-28-4.1
§ 34-28-4.1 Contractors. – No person contracting directly with either the owner of the land, lessee, ortenant of the land, or owner of less than the fee simple, other than materialsuppliers, as those terms are referred to in sections 1, 2 and 3[§§ 34-28-1, 34-28-2, 34-28-3] of this chapter, shall beentitled to claim a lien under this chapter unless that person shall have giventhe following notice to the owner, lessee or tenant, or owner of less than thefee simple in writing, by certified mail, return receipt requested, within ten(10) business days of commencing work or delivery of materials forconstruction, erection, alteration or repair as set forth in this chapter.
The failure of such person contracting directly to give suchnotice shall not affect the right of any other person performing work orfurnishing materials of claiming a lien pursuant to this chapter, provided thatthe procedures set forth in this chapter are followed. However, such personfailing to file such notice shall indemnify and hold harmless any owner, lesseeor tenant, or owner of less than the fee simple from any payment or costsincurred on account of any liens claims by those not in privity with them,unless such owner, lessee or tenant, or owner of less that the fee simple shallnot have paid such person.
NOTICE OF POSSIBLE MECHANIC'S LIEN
To: Insert name of owner, lessee or tenant, or owner of lessthan the fee simple.
The undersigned is about to perform work and/or furnishmaterials for the construction, erection, alterations or repair upon the landat (INSERT ADDRESS) under contract with you. This is a notice that theundersigned and any other persons who provide labor and materials for theimprovement under contract with the undersigned may file a mechanic's lien uponthe land in the event of nonpayment to them. It is your responsibility toassure yourself that those other persons under contract with the undersignedreceive payment for their work performed and materials furnished for theconstruction, erection, alteration or repair upon the land.