This one-volume powerhouse of construction law guidance provides a transactional and strategic approach to each step of construction law disputes. Let it be your most trusted source for understanding the often competing roles of contractor, sub and owner; contentious change orders; problematic site conditions; damage; delays; bond disputes and mechanic's liens. If you are contemplating litigation, if your client has been served, or if you are seeking information on how to help your client defuse a construction problem before it leads to suit, this is the book you need to review for Rhode Island precedent, authority, strategy and practice tips.
The twelve chapters were co-authored by Roger N. LeBoeuf, Esq. and Thomas W. Heald, Esq. of the Providence law firm, Heald & LeBoeuf, Ltd, whose combined expertise has been acquired through years of representing clients in Rhode Island construction matters, from bidding through contract negotiation, litigation and settlement.
Whether you are a construction law litigator, in-house counsel to a developer or construction firm, or a contracts lawyer for a public or private entity, this book will provide you with solid, practical guidance. Beginning with the legal issues surrounding bidding, this one-volume resource then offers a helpful overview of the regulation of construction in the Ocean State. It covers the legal rights and obligations of all parties to a construction deal or project, including owner, contractor, and subcontractor. Helpful scenarios from real-life cases explain how disputes regarding change orders, site conditions, damages and delays are handled from the legal perspective. The complexities of bonding, the taking and enforcing of mechanics' liens, insurance disputes, and the stages of arbitration, mediation, and litigation of construction law matters. A must- have resource, authored by respected Rhode Island practitioners who have successfully handled a myriad of construction disputes. Let their experience be your guide.
Here are just a few of the construction law topics included in A Practical Guide to Construction Law in Rhode Island:
- Interested in knowing what the State of Rhode Island Procurement Regulations require for construction contracts, and what provisions are absolutely necessary in a construction contract? Find out in the chapter titled, "Regulation of Construction in Rhode Island."
- Mystified about the complexities inherent in the bidding process? Find answers in the chapter titled, "Bidding."
- Want to find out what warranties and specifications define the role of the owner in a construction matter? Learn them in the chapter titled, "The Owner."
- Wondering what happens when a party makes a promise during contract negotiations but that promise does not appear in the contract? Get the answers in the chapter titled, "The Contractor."
- Need to know how Rhode Island courts construe the "pay-when-paid" clause, and whether such clauses are enforced against the surety? Find out in the chapter titled, "The Subcontractor."
- Unclear about the distinction between a construction change directive and a basic change order? Learn what it is in the chapter titled, "Changes in the Work."
- Want to understand what a contractor's options are when a surprise or concealed underground condition undermines his or her bid and stands to result in economic loss to the contractor? Read about it in the chapter titled, "Differing Site Conditions."
- Confused about a surety's options when a claim is filed against the bond? Check out the chapter titled, "Bonds."
These topics represent only a few of the hundreds of in-depth discussions, answers, tips and hypotheticals featured in A Practical Guide to Construction Law in Rhode Island.
A Practical Guide to Construction in Rhode Island features over 40 forms-on-disc that track the important aspects of constructions projects. These practical, downloadable forms save you time and ensure that you have the correct and up-to-date documents for your client. The forms apply both to state and federal projects, and include such practical sample documents as a bid protest letter, a claim, a sample account and demand, a form for the final waiver of a lien, a notice of intention that would be appropriate for an owner's letter, and various forms applicable for practice before the Contractor's Registration Board. The authors have carefully selected the forms that complement the chapters of the manual, offering you samples of the documents you need for construction law practice in its various phases.