Affidavit as to Military Service and Competency (District Court)

Making an under-oath statement by a plaintiff that the defendant was not at the commencement of a specific action and is currently serving in the Armed forces requires the execution of the following affidavit.

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AFFIDAVIT 	
 
I,  _____________________________,  	being duly sworn, hereby depose and state that I have   
  (print your name)  
read and will abide by the following provisions, understanding that the foregoing highlights significant aspects of the Regis tration Act, but does 
not represent the law in its entirety:  
 
1.   All contracts exceeding $1,000.00  in value must be in writing and must contain the following:  
 
a.   A right of rescission  clause (if applicable).  See R.I.G.L. § 5 -65 -3  ( p ) 
b.   Mechanics lien notice : requires that all written contracts entered into between a property owner and a contractor must contain a statement 
that the contractor, sub contractor or material supplier may file a lien pursuant to the Rhode Island Mechanics Lien Act at C h. 28 title 34 of the 
R.I. Gen  Laws See R.I.G.L. § 5 -65 -18;  
c.   A location, on or near the signature line, in which the parties to the agreement initial that they have received certain consumer education 
materials , including a notice of possible mechanics lien.   See R.I.G.L. § 5 -65 -3  (o).  
 
2.   Permits  must be secured as required by the Rhode Island State Building Code prior to commencing work.   See R.I.G.L. § 5 -65 -3  (m).  
 
3.   Any person, or contractor, registered or not, who uses another’s registration, or authorizes the use of their registration by  another, is 
subject to a fine.   See R.I.G.L. § 5 -65 -10 (h).  
 
4.   The violation of a final order of the Board is a  misdemeanor offense and the violation of three (3) or more final orders of the Board may be 
prosecuted as a  felony.  See  R.I.G.L. § 5 -65 -19  (a) &  (c). 
 
5.   Fines and penalties payable to and for the benefit of a governmental unit may constitute a  non-dischargeable debt in a bankruptcy 
proceedin g.  See  Bankruptcy Code § 523  (a)  (7).  
 
6.   Should the board, pursuant to its investigatory powers ( See R. I.G.L. § 5-65 -16  (c)),  subpoena financial documents  from an individual or 
his/her business, any suspicion of nondisclosure or improper record keeping may be reported to the appropriate authority.  
 
7.   Rhode Island law requires anyone who digs to notify utility companies before excavating.  See Title 39 Chapter 1.2 of the RI Gen. Laws.  
Dig Safe®  is a free service that notifies member companies of future digs so that the location of underground facilities can be identif ied on the 
job site. Call 1  (888) DIG -SAFE.  
 
8.   A contra ctor must notify the Board in writing of any change of address  while registered and for one (1) year following the date of an 
expired or otherwise inactive registration.   See R.I.G.L. § 5 -65 -6.  
 
9.   Throughout the period of registration, the contractor shall have  liability and property damage insurance  covering the scope of work in an 
amount not less then Five Hundred Thousand Dollars ($500,000.00). See  R.I.G.L. § 5 -65 -7  (a).  
 
10.  A  partnership, corporation, or joint venture  may do work, offer to do work or submit a bid to perform work only if registered.  In the 
case of registration by a corporation or partnership, an individual shall be designated to be responsible for the work perfor med.  The corporation 
or partnership and its designee shall be jointly and severa lly liable for any fees and violations.  See R.I.G.L. § 5-65 -3.  
 
11.  Every business operating with one or more employees (with few exceptions) must have  worker’s compensation insurance coverage.  
Workers compensation covers 100% of an injured employee’s medica l expenses and provides for a percentage of his/her lost wages. For more 
information consult the Internal Revenue Code or contact the U.S. Department of the Treasury Internal Revenue Service.   It i s your 
responsibility to properly identify employees.  Emp loyers who do not have the required workers comp insurance may be sued by an injured 
employee and are subject to penalties imposed by the Department of Labor Training.   
 
12.  As determined by the Act, and applicable rules and regulations, as a condition of regi stration, residential contractors must provide 
satisfactory proof of the completion of five (5) pre- approved hours of continuing education  units. See R.I.G.L. §5-65 -5  (e) and §5- 65-10  (17).  
 
13.  Using the word  “license” in any form of advertising  when not appl icable may subject the registrant, or an individual required to be 
registered, to a fine of one hundred dollars ($100) for each offense at the discretion of the board.  See R.I.G.L. 5- 65-3  (l)  (ii).  
 
14.  This  affidavit  has been provided pursuant to R.I.G.L. §5- 65-5  (f) and must be completed upon initial registration and/or renewal  as a 
condition of registration for residential construction.  
 
15. Pursuant to RIGL §5 -65 -10  (L )  no person shall register with the Board for the purpose of deceiving or circumventing the registration 
process  by enabling a person whose registration has been suspended or revoked to conduct business.  	
 
16.  Applicant is aware of  DOH laws regarding  Lead & Asbestos  and  OSHA  laws.  	
 
________________________________________________________  
Print name (principle)  
 
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Sign  (principle)      Dated              	COUNTY                                                                  	 	
  
Subscribed and sworn to before me on this _____ day of ___________________, 20___.  
 
                      Notary Public_____________________  
Name:         My Commission Expires: ____________