§ 37-13.1-2 - Actions by contractor on behalf of subcontractor.
SECTION 37-13.1-2
§ 37-13.1-2 Actions by contractor onbehalf 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 oralteration of any state highway or bridge, may, on behalf of a subcontractor ofany tier under the contractor, bring an action against the state of RhodeIsland regarding a claim arising out of or relating to labor, materials, orservices provided by the subcontractor to the contractor pursuant to a contractbetween the subcontractor and the contractor for the same project that is thesubject of the contract between the contractor and the state of Rhode Island.
(b) In any action brought by a contractor against the stateof Rhode Island under subsection (a) of this section, so long as the contractorretains liability to the subcontractor related to the subject matter of theclaim, it shall not be a defense that: (i) the costs and damages at issue wereincurred by a subcontractor and that subcontractor has not been paid for thesecosts and damages; or (ii) the contractor's obligation to pay costs and damagesto the subcontractor is conditional upon a recovery against the state of RhodeIsland; or (iii) the contractor has not acknowledged or admitted thecontractor's liability to the subcontractor.
(c) In any action brought by a contractor against the stateof Rhode Island under subsection (a) of this section, the action is subject toall legal and equitable defenses of the state of Rhode Island against thecontractor.
(d) This section applies to all such actions brought inSuperior Court under § 37-13.1-1 and to claims arbitrated pursuant to§ 37-16-1, et seq.