RI Statute Update

Rhode Island’s Amended Joint Tortfeasor Causes Increased Certainty in the Settlement of Multi-Party Negligence Matters

Anyone who has handled tort claims in Rhode Island, including personal injury and negligence matters, knows that the resolution of these claims is complicated by the presence of multiple defendants.  These complications come by way of parties arguing for differing levels of responsibility—if any, conflicting theories of defense, and the classic “deep pocket” defendant who is often asked to carry the weight of the “judgment-proof” one.  Handling these claims was not made any simpler or less confusing by reviewing Rhode Island’s previous version of its enactment of the Uniform Contribution Among Tortfeasors Act, G.L. 1956 § 10-6-1 et seq.; however, recent amendments have made Rhode Island’s law more consistent with liability practices in other states.  This should make handling tort claims in Rhode Island more familiar to construction companies, insurance carriers, and their legal counsel.

The law recently changed with the passage of two bills through both houses of Rhode Island’s General Assembly, which became effective July 14, 2021.  In short, after these

Cloth Face Masks Required for Rhode Island Employees Through May 18, 2020

On April 14, 2020, Governor Raimondo issued the Twenty-First Supplemental Emergency Declaration — Requiring Cloth Face Masks At Work.  The Order is effective Saturday, April 18 and continues through May 18, 2020.

Cloth face coverings are required for any Rhode Island employee working at a customer/client-facing business, non-profit organization, office-based businesses, and any other such business category as determined by the Department of Business Regulation (DBR) that is still in operation.  Previously, on March 22, 2020, the Governor ordered all Rhode Island employees that can work from home to work from home.

Cloth face coverings are not required if an employee can “easily, continuously, and measurably maintain at least six (6) feet of distance from other employees for the duration of his or her work (e.g. solo office) or unless doing so would damage the employee’s health.  Thus, if an employee has a dedicated office with the doorway six feet away, a face covering would not be required while

Emergency Rule – Rhode Island Contractors’ Registration and Licensing Board (CRLB)

An emergency rule of Rhode Island CRLB went into effect this morning “in response to the State of Emergency issued by the Governor.”  The rule seeks “limit in-person contact while continuing to efficiently administer the CRLB statutes, rules, and regulations.  This Emergency Rule shall remain in effect until such time as the State of Emergency is lifted.” For more, please see the CRLB website.

In substance, this emergency rule confirms that the CRLB remains open for business.  It is accepting applications for new licenses and registrations as well as renewals of the same by mail or deposited in its new, on-site drop boxes at its office.  To the extent a new or renewing applicant requires an examination or educational training, which cannot be completed during the RI State of Emergency, the applicant may apply for a temporary waiver for examination or educational training.   Note that any registration or license issued with a waiver will expire 90

Regulations Alert ! Rhode Island Contractors, Home Inspectors, & More

On December 19, 2019, the Rhode Island Contractors Registration and Licensing Board’s (“CRLB”) revised regulations for contractors and new regulations home inspectors, well drillers/pump installers/water-filtration contractors, and commercial roofers will go live.  Here’s a link to the Regulations.  

For the commercial roofers, home inspectors, and well drillers/pump installers/water-filtration contractors, the new regulations create a licensing regime pursuant the Rhode Island statutes.  See R.I. Gen. Laws 5-65.1- 1 et seq. (home inspectors); R.I. Gen. Laws 5-65.2- 1 et seq. (well drillers et al); R.I. Gen. Laws 5-73-1 et seq (commercial roofers).  Previously the licensing requirements were in place by statute but lacked the necessary procedural and enforcement mechanisms.  Now, the CRLB regulations present application requirements including a licensing examination, certain standards of practice and performance, and continuing education requirements to maintain the license going forward.  Each professional will be required to apply and become licensed with the CRLB by or before April 1, 2020 when the

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

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