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.)