§ 5-65-11 - Types of allowable claims.
SECTION 5-65-11
§ 5-65-11 Types of allowable claims.– The board shall only accept and make determinations of the following types ofclaims for damages against contractors registered or required to be registered.This section shall apply to the following types of claims:
(1) Claims against a contractor by the owner of a structurefor the following in performing any work subject to this chapter:
(i) Negligent work.
(ii) Improper work.
(iii) Breach of contract.
(iv) Contract disputes.
(2) Claims against a contractor by the owner of a structureto discharge or to recoup funds expended in discharging a lien establishedunder chapter 28 of title 34 and under circumstances described under thissubsection. The board may reduce any amount adjudged by the board under thissection by any amount the claimant owes the contractor. The board shall onlydetermine claims under this subsection if:
(i) The owner has paid the contractor for that contractor'swork subject to this chapter; and
(ii) A lien is filed against the structure of the owner underchapter 28 of title 34 because the contractor failed to pay the person claimingthe lien for that person's contribution toward completion of the structure.
(3) Claims against a registered contractor by a registeredcontractor for the following in performing any work subject to this chapter:
(i) Negligent work;
(ii) Improper work;
(iii) Breach of contract;
(iv) Furnishing labor or material or renting or supplyingequipment to a contractor; or
(v) Contract dispute.
(4) Claims by an employee of a registered contractor.
(5) If at a hearing the contractor's registration number isnot on the contract, or recession clause when required by law, or mechanicslien notice; the registrant shall be subject to a fine.
(6) If a settlement/agreement reached by the parties, orpayment plan is breached, the board may hold an administrative hearing tosuspend or revoke the contractors' registration, impose a fine, and providemonetary relief.