Katie Kohm Quoted in Rhode Island Lawyers Weekly: Subcontractor’s Mechanic’s Lien Enforceable vs. Project Owner

A Rhode Island Superior Court judge ruled that a timber supplier filed its notice of intention to claim a mechanic’s lien in a timely manner.

Firm client Element5 delivered materials to a warehouse, and then those materials were delivered to the job site five days later. A hacker apparently diverted the funds that the general contractor paid to Element5, so they mailed the project owner a notice of intent to file a mechanic’s lien on the property.

At issue was the timing of the notice and what, exactly, is meant by “furnishing” the materials. Element5 filed its notice 205 days after delivering the materials to the warehouse, but within 200 days after delivery to the project site. In its decision, the Court stated, “This Court believes that the legislative intent underlying the prescribed statute was to link the 200-day retrospective statutory period with the delivery of materials to the property or project site, as this signifies the moment when the materials become integral to the construction or improvement of the land for the benefit of the property.”

Pierce Atwood construction and litigation partner Katharine E. Kohm said, “the decision provides important clarification as to when work and materials are ‘furnished’ under the statute,” adding, “Because mechanic’s liens are in rem actions against the land, it is appropriate that ‘furnishing’ occurs when the materials arrive on the land or property to be improved.”

The complete article can be found online at rilawyersweekly.com.