2022 -- S 2357 | |
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LC003404 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO PROPERTY -- MECHANICS' LIENS | |
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Introduced By: Senators McCaffrey, F Lombardi, and Archambault | |
Date Introduced: February 15, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 34-28 of the General Laws entitled "Mechanics' Liens" is hereby |
2 | amended by adding thereto the following section: |
3 | 34-28-38. Arbitration. |
4 | In any mechanics' lien proceeding under this chapter, whereby the petitioner has filed a |
5 | mechanics' lien, and where an arbitration provision exists between the petitioner and the respondent |
6 | owner or lessee, and the mechanics' lien action is stayed pending arbitration, any arbitration award |
7 | shall be binding with full force and effect within the mechanics' lien action and any such award |
8 | shall be res judicata. The arbitrator shall have the authority to decide all procedural issues in relation |
9 | to the compliance with the mechanics' lien action instituted pursuant to this chapter. The court in |
10 | the mechanics' lien action may award reasonable attorneys' fees to the prevailing party in the |
11 | arbitration proceeding. |
12 | SECTION 2. This act shall take effect upon passage. |
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LC003404 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- MECHANICS' LIENS | |
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1 | This act would provide that any arbitration award issued shall be binding and res judicata |
2 | in the mechanics' lien action. The court, in its discretion, may also award reasonable attorneys' fees |
3 | to the prevailing party. |
4 | This act would take effect upon passage. |
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