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None | For those who did not contract with the prime, must file a bond claim with the prime contractor within 90 days of last furnishing labor or materials to the project (good practice for those who did contract with prime as well). Enforcement lawsuit must be filed within 2 years of the same last furnishing date, or under the maximum time limit as contained within any labor or material payment bond, whichever period is longer. |
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None | For those who did not contract with the prime, must file a bond claim with the prime contractor within 90 days of last furnishing labor or materials to the project (good practice for those who did contract with prime as well). Enforcement lawsuit must be filed within 2 years of the same last furnishing date, or under the maximum time limit as contained within any labor or material payment bond, whichever period is longer. |
Rhode Island Public Project Frequently Asked Questions
Who Is Protected?
Rhode Island provides broad protection to parties who furnish labor and/or materials to a public project. So long as the project meets the $50,000 threshold that mandates the general contractor provide a bond, all parties who supply labor and/or materials to the project have a right to make a bond claim. Apparently all tiers of participant in the project, even suppliers to suppliers, are protected.
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When is the Deadline to File a Lien/Make a Claim?
A bond claim in Rhode Island must be given within 90 days after the claimant last furnished labor and/or materials to the project.
It is worth noting that a claimant in Rhode Island is also allowed to make a bond claim on a public project by following the requirements set forth to make a claim on a private works payment bond. If the claimant chooses to do so, this claim is in the alternative to a claim under the public projects section, and the private bond claim requirements apply.
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Who Should Receive the Lien/Claim?
In Rhode Island, the claimant’s bond claim is only required to be given to the contractor supplying the bond. It may be best practice, however, to also provide notice of the claim to the contracting public entity and the surety (if known).
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When is the Deadline to Initiate Suit, or, How Long is My Lien Effective?
Generally, a suit to enforce the bond claim on a public project in Rhode Island must be initiated more than 90 days, but less than 2 years after the claimant’s last furnishing of labor and/or materials to the project. However, if the bond itself provides for a longer time limit, the longer time limit will control. Also, if the claimant never delivered the bond claim to the general contractor, and the bond provides a shorter time limit in which suit must be initiated, that shorter time period will control.
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What Must the Claim Include?
In Rhode Island, a bond claim must include the name of the party for whom the labor and/or material was furnished, and a statement of the amount claimed. It may also be advisable, however, to also include the name of the general contractor, the contracting public entity, and to identify the labor and/or materials furnished, and the project itself.
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How Must the Claim Be Sent?
A Rhode Island bond claim must be sent by certified mail.
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Rhode Island Public Project Preliminary Notice FAQs
Do I Need to Send a Preliminary Notice?
No. Rhode Island does not require preliminary notice to preserve rights on public projects. Any party, however, may send notice if they so desire.
When do I Need to Send a Preliminary Notice?
N/A
What if I Send the Preliminary Notice Late?
N/A
How Should the Preliminary Notice be Sent?
N/A
To Whom Must the Preliminary Notice be Given?
N/A














