(a)  Any person having a claim against a contractor of the type referred to in § 5-65-11, may, in addition to any other common law action or administrative remedy, bring an action under the rules of civil procedure in the superior court of the county in which the complainant resides, or the county where the person against whom the civil complaint is filed resides or has their principal place of business. A civil action filed in court under this section may be instituted in lieu of, or as a supplement to, the contractors’ registration board‘s administrative proceedings and penalties only to the extent that the board’s final orders are insufficient to satisfy the claimant’s damages.

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Terms Used In Rhode Island General Laws 5-65-12.1

  • 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
  • Claim: means that portion of a complaint that pertains to the complainant's assertion that they are entitled to monetary damages, an order for specific performance of work and/or other contractual or equitable relief or remedies on account of allegations or disputes between themself and a contractor or themself and a subcontractor. See Rhode Island General Laws 5-65-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(b)  In an action filed under this section in which the plaintiff prevails, the court may, in addition to any judgment awarded to the plaintiff, require treble damages, reasonable attorney’s fees, and the costs of the action to be paid by the defendant.

History of Section.
P.L. 2006, ch. 648, § 2.