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A Practical Guide to Construction Law in Rhode Island

Practice tools for each phase of construction representation, from bidding through litigation

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  • Product Number: 2110182B00
  • Publication Date: 1/27/2023
  • Edition: 2nd Edition 2023
  • Copyright: © 2023 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    This 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.

    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

    Table of Contents

    expand all
    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

    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 2A

    - Contractors Registration Board—Appeal Application Form Buy Form
    Chapter 3 expand

    The Owner - 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
    Chapter 4 expand

    The Contractor - 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 4A

    - Form for Notice of Substantial Completion Buy Form
    Chapter 5 expand

    The Subcontractor - 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
    Chapter 6 expand

    Changes in the Work - 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
    Chapter 7 expand

    Differing Site Conditions - 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
    Chapter 8 expand

    Damages and Delays - 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
    Chapter 9 expand

    Bonds - 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 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

    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
    Chapter 12 expand

    Arbitration, Mediation, and Litigation

    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 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
  • Editors & Authors

    Editor(s)

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

    Author(s)

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