R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 9-1-45 (2026)

Attorney’s fees in breach of contract actions

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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The court may award a reasonable attorney’s fee to the prevailing party in any civil action arising from a breach of contract in which the court:

(1) Finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party; or

(2) Renders a default judgment against the losing party.

Notes of Decisions
Cited in 36 cases (7 in the last 5 years), 1990–2025 · leading case: Kells v. Town of Lincoln, 874 A.2d 204 (R.I. 2005).
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Kells v. Town of Lincoln, 874 A.2d 204 (R.I. 2005). · cites it 29× “The defendants contend that the Superior Court erroneously granted summary judgment for the plaintiff, and improperly awarded attorney's fees to him in accordance with G.L.1956 § 9-1-45 for actions arising out of breach of contract.”
Women's Dev. Corp. v. City of Cent. Falls, 764 A.2d 151 (R.I. 2001). · cites it 8× “After entry of the order granting the motion for judgment as a matter of law on the city’s breach-of-contract claims, the city moved for an award of attorney’s fees under G.L. 1956 § 9-1-45 (which allows an award of attorney’s fees for a party’s prosecution of nonjusticiable…”
Lucilio P. Furtado v. Maria Goncalves, 63 A.3d 533 (R.I. 2013). · cites it 7× “The plaintiffs argue that the Superior Court erred in ordering them to execute general releases with terms that were materially different from those contemplated during settlement negotiations, and in assessing attorney’s fees under G.L.1956 § 9-1-45. This case came before the…”
ADP Marshall, Inc. v. Noresco, LLC, 710 F. Supp. 2d 197 (D.R.I. 2010). · cites it 8× “17 Both parties have requested reasonable attorney’s fees pursuant to R.I. Gen. Laws § 9-1-45. *214 III. The Change Order Process Generally, the disagreements between Noresco and ADPM require discrete determinations of which party was responsible, under the Agreement, to perform…”
Sophie F. Danforth v. Timothy T. More, Nos, 129 A.3d 63 (R.I. 2016). · cites it 3× “The parties do not dispute that § 9-1-45 provides an adequate basis for an award of attorney’s fees; thus, we review the trial justice’s decision denying such fees under an abuse of discretion rubric.”
Am. Condo. Ass'n v. Stefania M. Mardo, 140 A.3d 106 (R.I. 2016). · cites it 5× “Furthermore and critically, G.L. 1956 § 9-1-45 provides for an award of attorneys’ fees in contract actions7 and thus can be read as in derogation of the common law American rule.”
Ross-Simons of Warwick, Inc. v. Baccarat, Inc., 66 F. Supp. 2d 317 (D.R.I. 1999). · cites it 4× “A court may award attorneys’ fees “to the prevailing party in any civil action arising from a breach of contract in which the court: (1) Finds that there was a complete absence of a justiciable issue of either the law or fact raised by the losing party; or (2) Renders a default…”
Greensleeves, Inc. v. Smiley, 942 A.2d 284 (R.I. 2007). · cites it 2× “Subsequently, Greensleeves filed a motion with this Court seeking attorneys’ fees pursuant to G.L.1956 § 9-1-45; it contended that Mr. Friedrich’s appeal of the Superior Court's February 6, 1998 order had been frivolous.”
Mello v. DaLomba, 798 A.2d 405 (R.I. 2002). · cites it 4× “In count 2 of his complaint, plaintiff seeks to recover attorneys’ fees under G.L. 1956 § 9-1-45 for the breach of contract claim in count 1.”
Marcia Sallum Glassie v. Paul Doucette, 159 A.3d 88 (R.I. 2017). · cites it 2× “Consequently, we find no basis under § 9-1-45 for an award of attorney’s fees.”
Doe v. Brown Univ., 210 F. Supp. 3d 310 (D.R.I. 2016). · cites it 2× “2010) (emphasis added) (quoting R.I. Gen. Laws § 9-1-45). This case falls far short of meeting that high bar.”
Pearson v. Pearson, 11 A.3d 103 (R.I. 2011). · cites it 2× “, G.L.1956 § 9-1-45 (“The court may award a reasonable attorney’s fee to the prevailing party in any civil action arising from a breach of contract * * *.”
Show all 36 citing cases →
R.I. Gen. Laws § 9-1-45(1): 8 cases
Sophie F. Danforth v. Timothy T. More, Nos, 129 A.3d 63 (R.I. 2016). “The parties do not dispute that § 9-1-45 provides an adequate basis for an award of attorney’s fees; thus, we review the trial justice’s decision denying such fees under an abuse of discretion rubric.”
Kells v. Town of Lincoln, 874 A.2d 204 (R.I. 2005). “The defendants contend that the Superior Court erroneously granted summary judgment for the plaintiff, and improperly awarded attorney's fees to him in accordance with G.L.1956 § 9-1-45 for actions arising out of breach of contract.”
Universal Truck & Equip. Co. v. Southworth-Milton, Inc., 765 F.3d 103 (1st Cir. 2014).
Mullowney v. Masopust, 943 A.2d 1029 (R.I. 2008).
Marcia Sallum Glassie v. Paul Doucette, 159 A.3d 88 (R.I. 2017). “Consequently, we find no basis under § 9-1-45 for an award of attorney’s fees.”
R.I. Gen. Laws § 9-1-45(2): 1 case
Ponagansett 2 LLC v. Eleticia Garcia, 312 A.3d 992 (R.I. 2024).
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