§ 34-28-1 - Improvements by consent of owner – Contracts barring enforcement of lien against public policy.
SECTION 34-28-1
§ 34-28-1 Improvements by consent of owner– Contracts barring enforcement of lien against public policy. – (a) Whenever any building, canal, turnpike, railroad, or other improvementshall be constructed, erected, altered, or repaired by oral or written contractwith or at the oral or written request of the owner, the owner being at thetime the owner of the land on which the improvement is located, or by thehusband of such owner with the consent of his wife, the building, canal,turnpike, railroad, or other improvement, together with the land, is herebymade liable and shall stand subject to liens for all the work done by anyperson in the construction, erection, alteration, or reparation of suchbuilding, canal, turnpike, railroad, or other improvement, and for thematerials used in the construction, erection, alteration, or reparationthereof, which have been furnished by any person.
(b) A covenant, promise, agreement of understanding in, or inconnection with or collateral to, a contract or agreement relative to theconstruction, alteration, repair, or maintenance of a building, structure,appurtenance and appliance, including moving, demolition and excavatingconnected therewith, purporting to bar the filing of a notice of intention orthe taking of any steps to enforce a lien as set forth in this chapter isagainst public policy and is void and unenforceable. This section shall notpreclude a requirement for a written waiver of the right to file a mechanic'slien executed and delivered by a contractor, subcontractor, material supplier,or laborer simultaneously with or after payment for the labor performed or thematerials furnished has been made to such contractor, subcontractor, materialsupplier, or laborer.