Terms Used In Rhode Island General Laws > Chapter 5-65 - Contractors' Registration and Licensing Board

• Allegation: something that someone says happened.
• 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.
• appurtenances: includes , but is not limited to, the installation, alteration, or repair of wells connected to a structure consistent with chapter 13. See Rhode Island General Laws 5-65-1
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Board: means the contractors' registration and licensing board established pursuant to the provisions of § 5-65-14 or its designees. See Rhode Island General Laws 5-65-1
• Claim: means that portion of a complaint that pertains to the complainant's assertion that they are entitled to monetary damages, an order for specific performance of work and/or other contractual or equitable relief or remedies on account of allegations or disputes between themself and a contractor or themself and a subcontractor. See Rhode Island General Laws 5-65-1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: means a written complaint submitted to the board or office with allegations against or disputes involving a contractor, which may contain a claim component and/or allegations that a contractor has violated provisions of this chapter or the regulations promulgated hereunder. See Rhode Island General Laws 5-65-1
• Contract: A legal written agreement that becomes binding when signed.
• Contract for construction: means a contract for which a lien may be established under chapter 28 of Title 34 or for state or municipal public works projects as defined in title 37 on a project for which the person on whose contract with the project owner has an original contract price of not less than two hundred fifty thousand dollars ($250,000); provided, however, that "contract for construction" shall not include a project containing, or designed to contain, at least one, but not more than four (4), dwelling units. See Rhode Island General Laws 5-65-1
• Contractor: includes , but is not limited to, any person who purchases or owns property and constructs, or for compensation arranges for the construction of, one or more structures. See Rhode Island General Laws 5-65-1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deliverable: means a project close-out document that shall be submitted by the person seeking payment of retainage under the person's contract for construction; provided, however, that a lien waiver or release, which is a deliverable, shall comply with chapter 28 of Title 34; provided, further, that "deliverable" shall not include any document affirming, certifying, or confirming completion or correction of labor, materials, or other items furnished or incomplete or defective work. See Rhode Island General Laws 5-65-1
• Dwelling unit: means a single unit providing complete independent-living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. See Rhode Island General Laws 5-65-1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Hearing officer: means a person designated by the director of the department of business regulation or the director's designee to hear contested cases, contested enforcement proceedings, contested administrative fines, and to render decisions or orders in accordance with the "administrative procedures act" chapter 35 of Title 42. See Rhode Island General Laws 5-65-1
• 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
• Incomplete or defective work: means labor, materials, or any other item required for full performance by a person seeking payment of retainage that remains to be furnished by the person under the person's contract for construction or that has been furnished by the person but requires correction, repair, further completion, revision, or replacement; provided, however, that "incomplete or defective work" shall not include deliverables or labor, materials, or any other item to be repaired or replaced after substantial or final completion pursuant to a warranty, guarantee, or other contractual obligation to correct defective work after substantial or final completion. See Rhode Island General Laws 5-65-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the state building office established pursuant to § 5-84-3. See Rhode Island General Laws 5-65-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any natural person, joint venture, partnership, corporation, or other business or legal entity who or that enters into a contract for construction. See Rhode Island General Laws 5-65-1
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retainage: means a portion or percentage of a payment due pursuant to a contract for construction that is withheld to ensure full performance of the contract for construction. See Rhode Island General Laws 5-65-1
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Staff: means any staff necessary to carry out the powers, functions, and duties of the board, or the office, including inspectors, hearing officers, and other supportive staff. See Rhode Island General Laws 5-65-1
• State: means the state of Rhode Island. See Rhode Island General Laws 5-65-1
• Structure: means (i) Any commercial building; or (ii) Any building containing one or more residences and their appurtenances. See Rhode Island General Laws 5-65-1
• Subpoena: A command to a witness to appear and give testimony.
• Substantial completion: means the stage in the progress of the project when the work required by the contract for construction with the project owner is sufficiently complete in accordance with the contract for construction so that the project owner may occupy or utilize the work for its intended use; provided, further, that "substantial completion" may apply to the entire project or a phase of the entire project if the contract for construction with the project owner expressly permits substantial completion to apply to defined phases of the project. See Rhode Island General Laws 5-65-1
• Testify: Answer questions in court.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Violation: means a violation of any provision of this chapter or the regulations promulgated hereunder or any order of the board or office. See Rhode Island General Laws 5-65-1