Title 44, Chapter 12, Section 320
( 44-12-320)
(a) Molders shall have a lien, dependent on possession, on all dies,
molds, forms, or patterns in their hands belonging to a customer,
for the balance due them from such customer for any manufacturing or
fabrication work related to the property on which the molder claims
the lien. Such liens shall attach upon the commencement of work by
the molder and shall be subject to any prior perfected security
interest in such property as of the commencement date. The molder
may retain possession of the die, mold, form, or pattern until the
charges are paid or until repossessed by a creditor with a prior
perfected security interest. (b) Before enforcing such lien, notice in writing shall be given to
the customer, whether delivered personally or sent by registered
mail or statutory overnight delivery to the last known address of
the customer. Such notice shall state that a lien is claimed for
the damages set forth in or attached to such writing for
manufacturing or fabrication work contracted or performed for the
customer. Such notice shall also include a demand for payment. (c) A lien may not be enforced under this part if the customer,
within the time period provided in subsection (d) of this Code
section, notifies the molder that the products fail to meet an
approved quality control plan, the products deviated from approved
samples, or the products deviated from previously accepted parts and
the customer returns the products within 60 days after the date on
which the products are delivered to the customer. (d) If the molder has not been paid the amount due within 60 days
after the notice has been received by the customer as provided in
subsection (b) of this Code section and the products have not been
returned to the molder within 60 days after the date on which the
products are delivered to the customer because of a defective
condition as provided in subsection (c) of this Code section, the
molder may sell the die, mold, form, or pattern at a public auction. (e) In no event shall the amount of the lien established by this
Code section exceed the contract price of services performed by the
molder. |