2009 Rhode Island Code
Title 37 - Public Property and Works
CHAPTER 37-13.1 - Actions Against the State on Highway and Public Works Contracts
§ 37-13.1-2 - Actions by contractor on behalf of subcontractor.

SECTION 37-13.1-2

   § 37-13.1-2  Actions by contractor on behalf of subcontractor. – (a) Any person, firm or corporation awarded the contract, subsequent to July 1, 2006, with the state of Rhode Island, acting through any of its departments, commissions or other agencies, for the design, construction, repair or alteration of any state highway or bridge, may, on behalf of a subcontractor of any tier under the contractor, bring an action against the state of Rhode Island regarding a claim arising out of or relating to labor, materials, or services provided by the subcontractor to the contractor pursuant to a contract between the subcontractor and the contractor for the same project that is the subject of the contract between the contractor and the state of Rhode Island.

   (b) In any action brought by a contractor against the state of Rhode Island under subsection (a) of this section, so long as the contractor retains liability to the subcontractor related to the subject matter of the claim, it shall not be a defense that: (i) the costs and damages at issue were incurred by a subcontractor and that subcontractor has not been paid for these costs and damages; or (ii) the contractor's obligation to pay costs and damages to the subcontractor is conditional upon a recovery against the state of Rhode Island; or (iii) the contractor has not acknowledged or admitted the contractor's liability to the subcontractor.

   (c) In any action brought by a contractor against the state of Rhode Island under subsection (a) of this section, the action is subject to all legal and equitable defenses of the state of Rhode Island against the contractor.

   (d) This section applies to all such actions brought in Superior Court under § 37-13.1-1 and to claims arbitrated pursuant to § 37-16-1, et seq.