Product Description

Recent updates:

• Update: January 2023

  Dear Subscriber:

  Thank you for enhancing your library with the 2023 edition of A Practical Guide to Construction Law in Rhode Island . This new edition brings updated resources within your immediate reach for fast, accurate, and practical answers to your questions.

  Highlights from among the many issues addressed in this edition include

  • revisions to Rhode Island's implementation of the Lamb Act with respect to state procurement procedures;

  • recodification of state regulations applicable to construction;

  • the standards applicable to appellate review of the public bid process;

  • extensive revisions of the American Institute of Architects (AIA) contract forms;

  • a detailed discussion of a 2018 law establishing procedures for retainage on certain private and public commercial construction projects;

  • industry forms addressing recovery of damages for construction delays;

  • an extensively revised discussion of the procedures associated with mechanics' liens, addressing, among other topics, preparation of the notice of intention; notarizing and serving the notice; correctly identifying the property that will be subject to the lien; seeking payment for work within the 200-day window established by the statute; timely filing of a complaint and recording of a notice of lis pendens; and recovery of attorney fees;

  • procedures for bonding or cashing off a mechanics' lien;

  • case law on contracting parties' duty to arbitrate disputes and on the standard for appellate review of arbitrability determinations; and

  • a decision by the Rhode Island Supreme Court to vacate an award by an arbitrator who had reached beyond the terms of the parties' contract.

  We trust will find this latest version of A Practical Guide to Construction Law in Rhode Island an invaluable resource for your busy practice.

  Very truly yours,

  John M. Lawlor, Esq., Publications Attorney

Table of Contents

Chapter 1 expand

Bidding - RI Construction

Buy Chapter

Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Exhibit 1A

- Bid Protest Letter - RI Construction Buy Form

Exhibit 1B

- Access to Public Records Request in Support of Bid Protest Buy Form

Chapter 2 expand

Regulation of Construction - RI Construction

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Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Exhibit 2A

- Contractors Registration Board—Appeal Application Form Buy Form

Chapter 3 expand

The Owner - RI Construction

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Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Chapter 4 expand

The Contractor - RI Construction

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Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Exhibit 4A

- Form for Notice of Substantial Completion Buy Form

Chapter 5 expand

The Subcontractor - RI Construction

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Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Chapter 6 expand

Changes in the Work - RI Construction

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Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Chapter 7 expand

Differing Site Conditions - RI Construction

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Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Chapter 8 expand

Damages and Delays - RI Construction

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Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Chapter 9 expand

Bonds - RI Construction

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Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Exhibit 9A

- Federal Project Organizational Chart Buy Form

Chapter 10 expand

Mechanics’ Liens - RI Construction

Buy Chapter

Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Checklist 10.1

- Preparation and Filing of a Notice of Intention Buy Form

Exhibit 10A

- Notice of Possible Mechanics’ Lien Buy Form

Exhibit 10B

- Notice of Intention - RI Construction Buy Form

Exhibit 10C

- Owner Letter—Notice of Intention Buy Form

Exhibit 10D

- Letter to Land Evidence Records Used with Notice of Intention Buy Form

Exhibit 10E

- Letter to Land Evidence Records in Support of Unclaimed Certified Mail Buy Form

Exhibit 10F

- Mechanics’ Lien—Client Letter for Information Needed Buy Form

Exhibit 10G

- Complaint to Enforce Mechanics’ Lien and Complaint Buy Form

Exhibit 10H

- Notice of Lis Pendens Buy Form

Exhibit 10I

- Owner Letter—Lis Pendens Buy Form

Exhibit 10J

- Citation - RI Construction Buy Form

Exhibit 10K

- Constable Letter for Service with Mechanics’ Lien Citation Buy Form

Exhibit 10L

- Entry of Appearance—Contractor Buy Form

Exhibit 10M

- Account and Demand Buy Form

Exhibit 10N

- Statement of Claim Buy Form

Exhibit 10O

- Petition to Foreclose Buy Form

Exhibit 10P

- Notice of Foreclosure Sale Buy Form

Exhibit 10Q

- Order Granting Permission to Foreclose Buy Form

Exhibit 10R

- Mechanics’ Lien Bond to Discharge Buy Form

Exhibit 10S

- Petition to Deposit Funds and Release Lien Buy Form

Exhibit 10T

- Release of Lien Buy Form

Exhibit 10U

- Demand for Direct Payment Buy Form

Exhibit 10V

- Verified Complaint Pursuant to R.I.G.L. § 34-28-17.1 Buy Form

Exhibit 10W

- Order of Notice Buy Form

Exhibit 10X

- Partial Waiver of Lien Buy Form

Exhibit 10Y

- Final Waiver of Lien Buy Form

Chapter 11 expand

Insurance Coverage of Construction Disputes

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Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Chapter 12 expand

Arbitration, Mediation, and Litigation

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Hannah Foye, Esq., Heald & Foye, Ltd.
Thomas W. Heald, Esq., Heald & Foye, Ltd. Attorneys At Law
Roger N. LeBoeuf, Esq., MBTA Legal Department

Exhibit 12A

- Application to Confirm Arbitration Award Buy Form

Exhibit 12B

- Motion to Vacate Arbitration Award Buy Form

Exhibit 12C

- Public Works Arbitration Demand Buy Form

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Author(s)