Monthly Archives

September 2019
  • September 25, 2019

Taking an Out of State Deposition in Rhode Island Just Got Easier!

Discovery, Litigation, RI Statute Update
Authors:
Practice area:

On July 15, 2019, the Uniform Interstate Depositions and Discovery Act (the “Uniform Act”) was enacted in Rhode Island. R.I. Gen. Laws 9-18.1-1 et seq.  It will simplify the process of taking a deposition in Rhode Island for actions pending outside Rhode Island.  In enacting this legislation, Rhode Island joins 33 other states in adopting the uniform legislation.

Fact Scenario

You have a construction litigation matter pending in Vermont, but the architect of the project is from Rhode Island.  You want to take the architect’s deposition.  How do you go about taking the architect’s deposition?

Process Pursuant to the Previous Statute

The Vermont counsel wishing to take the deposition must provide a commission or some instruction from the Vermont trial court granting permission to take the out of state deposition.  Vermont counsel then had to retain local counsel licensed to practice in Rhode Island to commence a miscellaneous

Continue Reading...
  • September 18, 2019

Corporate Deposition — Multiple Witnesses At the Same Time?

30(b)(6) Depositions, Discovery, FRCP Rule Update, Litigation
Authors:
Practice area:

A few years ago, I represented a process piping subcontractor in a claim against the general contractor and the owner of a coal fired power plant in Massachusetts.  While the case was unique and interesting in a number of ways, some of which may be the subject of future posts, one aspect that was new for me was taking a Rule 30(b)(6) corporate deposition of two individuals at the same time.

Rule 30(b)(6) depositions are depositions of a corporation or other business entity.  It is the corporation that is testifying.  These depositions can be helpful to obtain testimony of the corporation that will be binding on the corporation at the time of trial.  They also impose an obligation to prepare and educate the individuals who testify on behalf of the corporation — to learn what information the “corporation knows” which is often beyond one person’s personal knowledge.  The corporation designates individuals to testify for the corporation on a list of topics provided by the party noticing

Continue Reading...
  • September 11, 2019

An Easy Way to Preserve Your Mechanic’s Lien Rights in Rhode Island

Litigation, RI Mechanic's Lien
Authors:
Practice area:

A mechanic’s lien right is a powerful remedy to secure a contractor’s right to payment.  Each jurisdiction’s mechanic’s lien statute is unique and most states strictly interpret/enforce the statutes.  For multi-jurisdictional contractors, a common practice in New England, mechanic’s liens are a double-edged sword because they provide substantial leverage, but they are often costly and cumbersome to perfect.  In the Solid Foundation blog, we will post regularly on issues relating to mechanic’s liens statutes throughout New England.  As a start, we have put together this post that zeroes in on one fundamental requirement to preserve a general contractor’s mechanic’s lien in Rhode Island – the Notice of Possible Mechanic’s Lien pursuant to R.I. Gen. Laws § 34-28-4.1.

WHO SHOULD READ THIS POST?

  • Contractors who perform work in Rhode Island for Owners.
  • Owners

WHAT A CONTRACTOR NEEDS TO DO TO PRESERVE ITS MECHANIC’S LIEN?

If

Continue Reading...
  • September 04, 2019

Practical Tips on Working with Former Employees Who Are Key Witnesses

Discovery, Former Employees, Litigation
Authors:
Practice area:

Suppose you are in-house counsel for a construction company.  Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim.  Within one week of substantial completion being achieved, the project manager that has managed the entire job gives his notice explaining he is leaving to work for a competitor.  What do you do next?  What could you have done to plan for this?  In this post, I outline practical measures you can take when faced with this challenging, complex, and yet very common scenario.

Planning Measures

The best time to deal with the issue of former employees is before the employee is hired.  Important provisions to be considered in employment policies and agreements include:

  • Confidentiality and Protection of Company Trade Secrets. An employer, particularly in the competitive market of the construction industry, has a strong and
Continue Reading...