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

Chatper 1 expand

Obtaining Pretrial Security in Civil Cases

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Jeana McCormick, Drummond Woodsum
Julia G. Pitney, Esq., Drummond Woodsum

Chatper 2 expand

Drafting Pleadings and Motions in Civil Cases

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Elizabeth A. Germani, Esq., Drummond Woodsum
James P. Spizuoco, Esq., Drummond Woodsum

Exhibit 2A

- Sample Complaint (Motor Vehicle Accident) Buy Form

Exhibit 2B

- Sample Complaint (Personal Injury) Buy Form

Exhibit 2C

- Sample Motion to Dismiss for Lack of Personal Jurisdiction Buy Form

Exhibit 2D

- Sample Answer to Complaint Buy Form

Chatper 3 expand

Civil Discovery

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Hon. Thomas McKeon, Maine Superior Court

Chatper 4 expand

Alternative Dispute Resolution

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Devon G. Coughlan, Esq., Conflict Solutions
Patrick C. Coughlan, Esq., Conflict Solutions

Exhibit 4A

- M.R. Civ. P. 16B Alternative Dispute Resolution Buy Form

Exhibit 4B

- Sample Mediation Agreement Buy Form

Exhibit 4C

- Electronic Mediation Protocols and Confidentiality Buy Form

Exhibit 4D

- Settlement Term Sheet Buy Form

Chatper 5 expand

Civil Motion Practice - Procedural Motions

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Timothy J. Bryant, Esq., Preti Flaherty Beliveau & Pachios LLP
Benjamin S. Piper, Esq.,

Exhibit 5A

- Motion for More Definite Statement Buy Form

Exhibit 5B

- Motion to Strike Buy Form

Exhibit 5C

- Motion to Consolidate Buy Form

Exhibit 5D

- Motion to Bifurcate Buy Form

Exhibit 5E

- Motion to Sever Buy Form

Exhibit 5F

- Motion for Protective Order Buy Form

Exhibit 5G

- Motion to Exclude Opinion Testimony Buy Form

Exhibit 5H

- Application for Approval of Minor Settlement Buy Form

Exhibit 5I

- Joint Motion to Impound Pleadings Buy Form

Exhibit 5J

- Motion to Withdraw as Counsel Buy Form

Exhibit 5K

- Notice of Removal Buy Form

Chatper 6 expand

Civil Motion Practice - Disputive Motions

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Alicia F. Curtis, Esq.,

Chatper 7 expand

Special Claims - Minor Settlements

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Joseph L. Cahoon, Jr., Esq., Richardson, Whitman, Large, & Badger
Carol I. Eisenberg, Esq., Richardson, Whitman, Large & Badger

Chatper 8 expand

Special Claims - Injunctive Relief

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Meredith C. Eilers, Esq., Olafsen & Eliers
Paul McDonald, Esq., Bernstein, Shur, Sawyer & Nelson, PA
Daniel J. Murphy, Esq., Bernstein, Shur, Sawyer & Nelson, PA

Chatper 9 expand

Administrative Appeals to Superior Court

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Nancy Macirowski, Esq., Office of Maine Attorney General

Exhibit 9A

- Rule 80C Petition Buy Form

Chatper 10 expand

Posttrial Motions in Civil Cases

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Hon. Thomas D. Warren, Maine Superior Court

Chatper 11 expand

Civil Appeals

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Nolan L. Reichl, Esq., Pierce Atwood LLP

Chatper 12 expand

Business and Consumer Court

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Kimberly L. Patwardhan, Esq., Office of Maine Attorney General

Exhibit 12A

- BCD Application Form Buy Form

Exhibit 12B

- Judicial Recommendation for Transfer to BCD Docket Form Buy Form

Exhibit 12C

- BCD Form Confidentiality Order Buy Form

Chatper 13 expand

The Maine Rules of Unified Criminal Procedure: An Evolution from a New Model of Processing Criminal Cases and Civil Violations

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Hon. Joyce A. Wheeler,

Chatper 14 expand

Charging Instruments

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Julia A. Sheridan, Esq.,

Exhibit 14A

- Sample Uniform Summons and Complaint Buy Form

Exhibit 14B

- Sample Bail Bond Buy Form

Exhibit 14C

- Sample Violation Summons and Complaint Buy Form

Exhibit 14D

- Sample Waiver of Indictment (M.R. Crim. P. 7(b)) Buy Form

Exhibit 14E

- Sample Complaint Buy Form

Exhibit 14F

- Sample Indictment Buy Form

Exhibit 14G

- Sample Notice of Joinder Buy Form

Exhibit 14H

- Sample Superseding Indictment Buy Form

Exhibit 14I

- Sample Information Buy Form

Chatper 15 expand

Motions to Suppress Evidence

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Rory McNamara, Esq., Drake Law
Tina Heather Nadeau, Esq., The Law Office of Tina Heather Nadeau

Exhibit 15A

- Sample Post-Hearing Memorandum in Support of Defendant’s Motion to Suppress Buy Form

Exhibit 15B

- Sample Motion to Suppress Evidence Buy Form

Chatper 16 expand

Discovery in Criminal Cases

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Hon. William R. Stokes, Maine Superior Court

Exhibit 16A

- Order to Produce Department of Health and Human Services Records Buy Form

Chatper 17 expand

Posttrial Motions in Criminal Cases

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Hon. Thomas D. Warren, Maine Superior Court

Chatper 18 expand

Criminal Appeals

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Donald W. Macomber, Esq., Office of Maine Attorney General

Exhibit 18A

- Notice of Appeal Form Buy Form

Exhibit 18B

- Transcript Order Form and Motion for Transcript at State Expense Buy Form

Exhibit 18C

- Application for Leave to Appeal Sentence Buy Form

Chatper 19 expand

Trial Advocacy

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Travis M. Brennan, Esq., Berman & Simmons
Daniel G. Kagan, Esq., Berman & Simmons, PA

Exhibit 19A

- Standard Scheduling Order Buy Form

Chatper 20 expand

Trial Preparation

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Martha C. Gaythwaite, Esq., Verrill Dana LLP
John W. Tebbetts, Esq., Tebbets Law Office LLC

Exhibit 20A

- Scheduling Order Buy Form

Exhibit 20B

- Pretrial Order Buy Form

Exhibit 20C

- Request for Protection on Trial List Buy Form

Exhibit 20D

- Witness Subpoena and Rule 45 Buy Form

Exhibit 20E

- Available Courtroom Technology by County Buy Form

Chapter 21 expand

Jury Trials

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Terrence D. Garmey, Esq., Garmey Law
Gary Goldberg, Esq., Garmey Law
Katherine A. Kerkam, Esq.,
Peter Richard, Esq., Garmey Law

Chapter 22 expand

Jury Instructions and the Charge Conference

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Susan A. Faunce, Esq., Berman & Simmons
Sarah K. Hall, Esq., Berman & Simmons

Exhbiit 22A

- Sample Verdict Form (Personal Injury) Buy Form

Exhibit 22B

- Sample Verdict Form (Medical Malpractice) Buy Form

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