Frequently Asked Questions
Q.: What are some areas of Joseph J. Reale, Jr.’s expertise?
A.: Mechanic’s Lien, Bid Protest, Contract Review, Bond Claims Mediation and Arbitration.
Q.: How do I know my company will be paid for labor and materials I provide to a project?
A.: The best way to guarantee payment is to file a mechanic’s lien against the property. Both Rhode Island and Massachusetts statutes are time-based, meaning that they must be filed within a certain number of days from your last day of work. Always act promptly to protect your rights.
Q.: Can I file a lien on a project that is owned by the Federal, State or Municipal Government?
A.: No. Liens cannot be recorded against publicly-owned property; but on a public project job, the General Contractor is required to provide a Payment Bond that will pay Contractors providing labor and material, if the General Contractor does not pay. The process to file a claim is governed by statute and, therefore, must be done correctly in order to preserve the claim.
Q.: How do I know the terms and conditions of the contract I received are fair?
A.: The best way to ensure fairness in the contract, is to have it reviewed. There are often pitfalls that are overlooked that can include pay-if-paid clauses, and other conditions that are unfavorable.
Q.: Is there a way to avoid costly litigation when there is a dispute regarding performance, or payments governing a contract?
A.: The best way to ensure a fast and cost-efficient resolution is to insist that any contract executed contain an arbitration clause that requires the parties to resolve any dispute through binding arbitration. This avoids filing in a State or Federal Court, which can be time-consuming and very costly.
Q.: What is the best way to maintain my corporate records and business activities?
A.: Corporations are required to file Annual Reports and Minutes of their activities, which are easily accomplished at a minimal cost. We provide this service to many of our corporate and construction clients.
Proud Member and Board Member of ABC RI Chapter