TITLE 5

Businesses and Professions

CHAPTER 5-65

Contractors' Registration and Licensing Board

SECTION 5-65-12.1



   § 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 attorneys' fees and the costs of

the action to be paid by the defendant.



History of Section.

(P.L. 2006, ch. 648, § 2.)