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Rhode Island
Lien Waiver Forms

Rhode Island lien waivers: advance waivers are void, payment-time waivers are valid

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State Rules

How Rhode Island treats lien waivers

Rhode Island does not prescribe a statutory lien waiver form, so our general-purpose conditional and unconditional progress and final waivers apply. Timing, however, is regulated: R.I. Gen. Laws § 34-28-1(b) voids any agreement in or collateral to a construction contract that bars filing a notice of intention or enforcing a lien, as against public policy. The one exception is a written waiver executed and delivered simultaneously with or after payment for the labor or materials it covers, so waivers should be exchanged payment by payment, not signed up front.

What to know about Rhode Island lien waivers

  • Rhode Island voids advance lien waivers (R.I. Gen. Laws § 34-28-1(b)): a waiver is only valid if written, executed, and delivered simultaneously with or after the payment it covers. Exchange each waiver at or after payment rather than waiving in the contract, and never waive the right to record the § 34-28-4 notice of intention up front.

Rhode Island lien waiver forms we generate

Four house forms cover every payment on a Rhode Island project: conditional or unconditional, progress or final.

Conditional Progress

Conditional Waiver and Release of Lien: Progress Payment

Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.

Unconditional Progress

Unconditional Waiver and Release of Lien: Progress Payment

Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.

Conditional Final

Conditional Waiver and Release of Lien: Final Payment

Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.

Unconditional Final

Unconditional Waiver and Release of Lien: Final Payment

Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.

Rhode Island has no statutory waiver form to download blank. The generator above fills in a general-purpose form with Rhode Island's signing rules built in instead.

Signing a lien waiver in Rhode Island

Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Rhode Island, built into every waiver we generate.

Advance waivers

R.I. Gen. Laws § 34-28-1(b): any covenant, promise, agreement or understanding in, in connection with, or collateral to a construction contract purporting to bar the filing of a notice of intention or the taking of any steps to enforce a lien is against public policy, void and unenforceable, except a written waiver executed and delivered simultaneously with or after payment for the labor performed or materials furnished.

Rhode Island execution rules

  • ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
  • ✓ Notarization: not required in Rhode Island.
  • ✓ Witness: not required in Rhode Island.
  • ✓ E-signature: available. Send Rhode Island waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.

Rhode Island lien waiver questions

Which lien waiver forms does Rhode Island use?
Rhode Island does not prescribe a statutory lien waiver form, so the format is up to the parties. Our generator uses four general-purpose forms: conditional and unconditional waivers for progress and final payments.
Do Rhode Island lien waivers need to be notarized?
No. Rhode Island does not require lien waivers to be notarized.
What is the difference between a conditional and an unconditional lien waiver in Rhode Island?
A conditional waiver takes effect only once the payment it describes actually arrives; if the check bounces or never comes, your lien rights survive. An unconditional waiver gives up lien rights as soon as it is signed, whether or not you are ever paid, so sign one only after the money is in hand.
What is the difference between a progress and a final lien waiver in Rhode Island?
A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project.
Is a lien waiver signed in advance enforceable in Rhode Island?
R.I. Gen. Laws § 34-28-1(b): any covenant, promise, agreement or understanding in, in connection with, or collateral to a construction contract purporting to bar the filing of a notice of intention or the taking of any steps to enforce a lien is against public policy, void and unenforceable, except a written waiver executed and delivered simultaneously with or after payment for the labor performed or materials furnished.

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