(a)  All documents related to a construction project delivered through a construction manager at-risk, including, but not limited to, design documents, construction documents, bid documents, financial documents and contract documents, shall be considered public records and be made available for public inspection in accordance with chapter 38-2, entitled the Access to Public Records Act. Information may only be withheld from public inspection if the construction manager at-risk firm or the relevant subcontractor specifically states in writing a description of the data or materials to be protected and the reasons why protection is necessary, and if the chief purchasing officer determines through a written determination that the records are not public pursuant to chapter 38-2 access to public records law. The burden to identify trade secrets, commercial or financial information, or other information not subject to public disclosure pursuant to chapter 38-2 shall rest with the construction manager at-risk or the relevant subcontractor. Any person or entity denied the right to inspect records may appeal the denial in accordance with chapter 38-2, the Access to Public Records law.

Terms Used In Rhode Island General Laws 37-2-27.5

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  Notwithstanding any other provision to the contrary, including any provision exempting any entity from the requirements of this chapter, all public corporations as defined in subdivision 35-20-5(4) and quasi-public agencies, shall be subject to and shall comply with the terms of this section.

History of Section.
P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2.