Rhode Island General Laws 5-65-11. Submission of complaints
(a) The board and office shall accept and consider complaints for purposes of determining whether registered contractors or other persons who are required to be registered have violated the provisions of this chapter or the regulations promulgated thereunder. This includes complaints that contain the following types of claims:
(1) Claims against a contractor by the owner of a residential dwelling unit asserting the following in performing any work subject to this chapter:
(i) Negligent work;
(ii) Improper work;
(iii) Breach of contract; or
(iv) Contract disputes.
(2) Claims against a contractor by the owner of a structure to discharge or to recoup funds expended in discharging a lien established under chapter 28 of Title 34.
(3) Claims against a registered contractor by a registered contractor asserting the following in performing any work subject to this chapter:
(i) Negligent work;
(ii) Improper work;
(iii) Breach of contract;
(iv) Furnishing labor or material or renting or supplying equipment to a contractor; or
(v) Contract dispute.
(4) Claims by an employee of a registered contractor.
(5) [Deleted by P.L. 2022, ch. 251, § 1 and P.L. 2022, ch. 252, § 1.]
(6) [Deleted by P.L. 2022, ch. 251, § 1 and P.L. 2022, ch. 252, § 1.]
Terms Used In Rhode Island General Laws 5-65-11
- Board: means the contractors' registration and licensing board established pursuant to the provisions of § 5-65-14 or its designees. See Rhode Island General Laws 5-65-1
- Contract: A legal written agreement that becomes binding when signed.
- Contractor: includes , but is not limited to, any person who purchases or owns property and constructs, or for compensation arranges for the construction of, one or more structures. See Rhode Island General Laws 5-65-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dwelling unit: means a single unit providing complete independent-living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. See Rhode Island General Laws 5-65-1
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lien: A claim against real or personal property in satisfaction of a debt.
- Office: means the state building office established pursuant to Rhode Island General Laws 5-65-1
- Person: means any natural person, joint venture, partnership, corporation, or other business or legal entity who or that enters into a contract for construction. See Rhode Island General Laws 5-65-1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Structure: means (i) Any commercial building; or (ii) Any building containing one or more residences and their appurtenances. See Rhode Island General Laws 5-65-1
(b) While the board and office will accept complaints for purposes of determining violations and taking enforcement action against registrants and other persons pursuant to the provisions of this chapter, the board and office will not adjudicate any complainant claims, causes of action, or rights or remedies, contractual or otherwise, or order payment of monetary damages, other monetary relief, specific performance, or other contractual or equitable remedies or relief to or for a complainant.
(c) Nothing in this section shall alter or impair the ability of a registrant or other person who violates the provisions of this chapter from entering into a consensual agreement or order with the board or office that includes performance of work and/or restitution to a complainant in consideration and as a condition of such consensual resolution of proceedings.
History of Section.
P.L. 1989, ch. 222, § 1; P.L. 1994, ch. 350, § 2; P.L. 2001, ch. 323, § 1; P.L. 2003, ch. 282, § 1; P.L. 2006, ch. 648, § 1; P.L. 2022, ch. 251, § 1, effective June 28, 2022; P.L. 2022, ch. 252, § 1, effective June 28, 2022.