Summary
The Rhode Island Supreme Court held that mechanic's lien claimants must strictly comply with statutory requirements governing the filing of notices of lis pendens and mailing of notices of intention. Because the plaintiff's notices of lis pendens were recorded after the 120-day deadline and the plaintiff failed to establish that notices of intention were sent by certified or registered mail, the liens were void and wholly lost. The court sustained the appeal, vacated the Superior Court judgment, and remanded for entry of judgment for the defendant.
Topics
Practice areas
Questions Presented
- Whether the mechanic's liens were void and wholly lost because the notices of lis pendens were not filed in the land evidence records within 120 days of the notices of intention.
- Whether the mechanic's liens were void and wholly lost because the plaintiff failed to prove that the notices of intention were mailed by prepaid registered or certified mail, return receipt requested.
- Whether lack of prejudice or the remedial purpose of the mechanics' liens statute excused noncompliance with the statute's mandatory requirements.
Holdings
- Under G.L. 1956 § 34-28-10, notices of lis pendens must be filed in the land evidence records within 120 days after filing the notice of intention to claim a mechanic's lien. Failure to meet that deadline renders the lien void and wholly lost, and prejudice is irrelevant.
- A mechanic's lien claimant must strictly comply with G.L. 1956 § 34-28-4(a)'s requirement to mail the notice of intention by prepaid registered or certified mail, return receipt requested. Failure to establish that the required mailing occurred renders the lien void and wholly lost.
- The liberal-remedy purpose of the mechanics' liens statute does not permit deviation from clear and unambiguous mandatory statutory requirements.
Key quotations
“This statutory requirement is expressed in clear, unequivocal, and mandatory language. Whether or not a party is prejudiced by a late filing is irrelevant under the statute.” (177)
“Accordingly, plaintiff's liens were "void and wholly lost" for failing to meet this requirement.” (177)
“"It is well settled that when the language of a statute is clear and unambiguous, this Court must interpret the statute literally and must give the words of the statute their plain and ordinary meanings."” (178)
Factual background
Pezzuco entered into a subcontract with Providence Construction to perform exterior rehabilitation work on ten properties owned by or associated with Melrose. After unpaid invoices and partial payments, Pezzuco stopped work, terminated the subcontract, and sought to enforce mechanic's liens for a balance exceeding $100,000. Pezzuco recorded notices of intention to claim liens on August 7, 1997, mailed notices of lis pendens on the 120th day after that recording, but the notices were not recorded in the land evidence records until the 123rd day. The record also contained no evidence that the notices of intention had been sent by prepaid registered or certified mail with return receipt requested.
Procedural history
Pezzuco Construction sued to enforce mechanic's liens arising from unpaid subcontract work on ten properties. After a nonjury trial, the Superior Court denied Melrose's motion for judgment as a matter of law and entered judgment for Pezzuco in the amount of $169,919, plus costs and attorneys' fees. The Supreme Court sustained the appeal, vacated the judgment, and remanded with instructions to enter judgment for Melrose.
Remand instructions
The Superior Court was directed to vacate the judgment for Pezzuco and enter judgment for Melrose Associates, L.P.