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| 1 | 1 | ||
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| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | 2023 -- H 5211 | |
| 6 | 6 | ======== | |
| 7 | 7 | LC000587 | |
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| 9 | 9 | S T A T E O F R H O D E I S L A N D | |
| 10 | 10 | IN GENERAL ASSEMBLY | |
| 11 | 11 | JANUARY SESSION, A.D. 2023 | |
| 12 | 12 | ____________ | |
| 13 | 13 | ||
| 14 | 14 | A N A C T | |
| 15 | 15 | RELATING TO PROPERTY -- MECHANICS' LIENS | |
| 16 | 16 | Introduced By: Representatives Phillips, Shanley, Bennett, and Potter | |
| 17 | 17 | Date Introduced: January 19, 2023 | |
| 18 | 18 | Referred To: House Judiciary | |
| 19 | 19 | ||
| 20 | 20 | ||
| 21 | 21 | It is enacted by the General Assembly as follows: | |
| 22 | 22 | SECTION 1. Chapter 34-28 of the General Laws entitled "Mechanics’ Liens" is hereby 1 | |
| 23 | 23 | amended by adding thereto the following section: 2 | |
| 24 | 24 | 34-28-38. Arbitration. 3 | |
| 25 | 25 | In any mechanics' lien action under this chapter where the parties have submitted the 4 | |
| 26 | 26 | dispute to arbitration and the mechanics' lien action is stayed pending arbitration, the arbitrator 5 | |
| 27 | 27 | shall have the authority to make findings of fact in the arbitration award between the parties 6 | |
| 28 | 28 | regarding procedural compliance and the amount owed within the lien period and said findings 7 | |
| 29 | 29 | shall be binding between the parties in the mechanics' lien action. 8 | |
| 30 | 30 | SECTION 2. This act shall take effect upon passage. 9 | |
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| 32 | 32 | LC000587 | |
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| 34 | 34 | ||
| 35 | 35 | ||
| 36 | 36 | LC000587 - Page 2 of 2 | |
| 37 | 37 | EXPLANATION | |
| 38 | 38 | BY THE LEGISLATIVE COUNCIL | |
| 39 | 39 | OF | |
| 40 | 40 | A N A C T | |
| 41 | 41 | RELATING TO PROPERTY -- MECHANICS' LIENS | |
| 42 | 42 | *** | |
| 43 | 43 | This act would provide the arbitrator in mechanics' lien actions submitted to arbitration the 1 | |
| 44 | 44 | authority to make certain findings of fact regarding procedure compliance and amounts owed which 2 | |
| 45 | 45 | findings would be binding in the mechanics' lien action. 3 | |
| 46 | 46 | This act would take effect upon passage. 4 | |
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| 48 | 48 | LC000587 | |
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