§ 5-65-12.1 - Alternate procedure for making claims against a contractor – Private right of action.
SECTION 5-65-12.1
§ 5-65-12.1 Alternate procedure for makingclaims 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 oradministrative remedy, bring an action under the rules of civil procedure inthe superior court of the county in which the complainant resides, or thecounty where the person against whom the civil complaint is filed resides orhas their principal place of business. A civil action filed in court under thissection may be instituted in lieu of or as a supplement to the contractors'registration board's administrative proceedings and penalties only to theextent that the board's final orders are insufficient to satisfy the claimant'sdamages.
(b) In an action filed under this section in which theplaintiff prevails the court may, in addition to any judgment awarded to theplaintiff, require treble damages, reasonable attorneys' fees and the costs ofthe action to be paid by the defendant.