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A Practical Guide to Construction Law in Rhode Island

Practice tools for each phase of construction representation - bidding through litigation

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  • Product Number: 2110182B00
  • Publication Date: 12/27/2010
  • Edition: 1st Edition 2010
  • Copyright: © 2010 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    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.

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    Bidding

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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.

    Exhibit 1A

    - Bid Protest Letter Buy Form

    Exhibit 1B

    - Access to Public Records Request in Support of Bid Protest Buy Form
    Chapter 2 expand

    Regulation of Construction

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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.

    Exhibit 2A

    - Contractors Registration Board: Registration Application Buy Form

    Exhibit 2B

    - Contractors Registration Board: Agent of Service Form Buy Form

    Exhibit 2C

    - Contractors Registration Board: Contractor Affidavit Buy Form

    Exhibit 2D

    - Contractors Registration Board: Frequently Asked Questions Buy Form

    Exhibit 2E

    - Contractors Registration Board: Dispute Resolution Process Buy Form

    Exhibit 2F

    - Contractors Registration Board: Statement of Claim Buy Form

    Exhibit 2G

    - Contractors Registration Board: Statement of Claim:Material/Equipment Buy Form

    Exhibit 2H

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

    The Owner

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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.
    Chapter 4 expand

    The Contractor

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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.
    Chapter 5 expand

    The Subcontractor

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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.
    Chapter 6 expand

    Changes in the Work

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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.
    Chapter 7 expand

    Differing Site Conditions

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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.
    Chapter 8 expand

    Damages and Delays

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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.
    Chapter 9 expand

    Bonds

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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.

    Exhibit 9A

    - Federal Project Organizational Chart Buy Form
    Chapter 10 expand

    Mechanics' Liens

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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.

    Exhibit 10A

    - Notice of Possible Mechanics' Lien Buy Form

    Exhibit 10B

    - Notice of Intention 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 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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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.
    Chapter 12 expand

    Arbitration, Mediation, and Litigation

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    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd.
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd.

    Exhibit 12A

    - American Arbitration Association Recommended Mediation and Arbitration Clauses Buy Form

    Exhibit 12B

    - American Arbitration Association Construction Industry Arbitration Rules and Mediation Procedures Buy Form

    Exhibit 12C

    - American Arbitration Association Demand for Arbitration Buy Form

    Exhibit 12D

    - Application to Confirm Arbitration Award Buy Form

    Exhibit 12E

    - Motion to Vacate Arbitration Award Buy Form

    Exhibit 12F

    - Public Works Arbitration Demand Buy Form

    Exhibit 12G

    - American Arbitration Association Request for Mediation Buy Form
  • Editors & Authors

    Editor(s)

    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd., Providence
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd., Providence

    Author(s)

    Thomas W. Heald, Esq., Heald & LeBoeuf, Ltd., Providence
    Roger Nathaniel LeBoeuf, Esq., Heald & LeBoeuf, Ltd., Providence