§ 5-65-12.1 — § 5-65-12.1. Alternate procedure for making claims against a contractor — Private right of action.

§ 5-65-12.1. Alternate procedure for making claims against a contractor — Private right of action.

(a) Any person having a claim against a contractor of the type referred to in § 5-65-11, may, in addition to any other common law action or administrative remedy, bring an action under the rules of civil procedure in the superior court of the county in which the complainant resides, or the county where the person against whom the civil complaint is filed resides or has their principal place of business. A civil action filed in court under this section may be instituted in lieu of, or as a supplement to, the contractors' registration board's administrative proceedings and penalties only to the extent that the board's final orders are insufficient to satisfy the claimant's damages.

(b) In an action filed under this section in which the plaintiff prevails, the court may, in addition to any judgment awarded to the plaintiff, require treble damages, reasonable attorney's fees, and the costs of the action to be paid by the defendant.

Legislative History

P.L. 2006, ch. 648, § 2.