Dylan C. DiLibero, Esq.
Attorney
Criminal defense, state and federal · Personal injury · Civil litigation
View profileCivil litigation
Small Business Litigation in Rhode Island and Massachusetts
When a vendor, partner, or client decides not to hold up their end, you need someone who will work to hold them to it.
What’s at stake
We represent small business owners in Rhode Island and Massachusetts on both sides of disputes. As plaintiffs, we pursue what you’re owed, and as defendants, we protect what you’ve built. We understand that litigation has a cost, and we’re direct about whether the economics make sense. When they do, we pursue the case.
For a small business, a single serious dispute can be existential. A vendor who won’t deliver, a client who won’t pay, a partner who walks out with the customer list, or a contractor who leaves a job half-finished create cash flow problems, operational problems, and sometimes problems that threaten the business entirely.
Situations we handle
Vendor and Supplier Disputes
When a vendor fails to deliver, delivers defective goods, or refuses to honor the terms of a supply agreement, the business on the other end absorbs the cost. We pursue breach of contract and business tort claims against vendors and defend businesses against supplier claims.
Client and Customer Non-Payment
A breach of contract can emerge when a client doesn’t pay for services rendered or goods delivered. Damages include the unpaid amount, interest, and in some cases, attorney’s fees. We pursue these claims in state and federal court, depending on the amount and the parties involved.
Business Divorce and Partner Disputes
When business partners can no longer work together due to a disagreement, breach of the operating agreement, misconduct, or a partner wanting out, the dissolution has to be handled carefully. We represent individual partners in multi-member LLC disputes, including buyout negotiations and litigation over ownership rights and distributions.
Unfair Competition and Trade Secret Claims
We pursue injunctive relief and damages in unfair competition, misappropriation of trade secrets, and breach of non-compete claims. This occurs when a former employee takes your client list, a competitor copies your proprietary process, or a partner sets up a competing business while still on your payroll.
Contractor Disputes
We represent business owners and commercial property owners in contractor disputes. Legal and operational problems compound quickly when contractors abandon jobs, perform substandard work, or file mechanic’s liens after being paid. We pursue damages, contest liens, and defend against contractor claims.
Defending Against Business Claims
Not every dispute puts you on the plaintiff’s side. We defend small businesses against breach of contract claims, supplier disputes, customer litigation, and employment-related civil claims.
Mechanics’ liens in Rhode Island
If your business did work or supplied materials for a building project and was not paid, Rhode Island law may let you claim a lien against the property (R.I. Gen. Laws § 34-28-1). The deadlines are strict. Missing one voids the lien.
- Before work starts, a contractor hired directly by the owner (other than a material supplier) keeps lien rights only by giving the owner a notice of possible mechanic’s lien, in the written contract or by certified mail (R.I. Gen. Laws § 34-28-4.1).
- Within 200 days after the work, mail a sworn notice of intention to the owner of record by certified or registered mail, return receipt requested, and file a copy in the city or town land evidence records. The lien generally reaches only work from the 200 days before that filing and after (R.I. Gen. Laws §§ 34-28-4, 34-28-9).
- Within 40 days after recording the notice, file a complaint to enforce the lien in Superior Court and record a notice of lis pendens (R.I. Gen. Laws § 34-28-10).
- Stay registered. A contractor generally cannot file a lien or sue for payment for work on a structure covered by the contractor registration law unless it was registered when it bid or signed the contract and throughout the work (R.I. Gen. Laws § 5-65-4).
Mechanics’ liens in Massachusetts
Massachusetts uses a different, multi-step process under M.G.L. c. 254. Each step has its own deadline, and missing one can dissolve the lien. If a notice of substantial completion or a notice of termination is recorded, the deadlines can come sooner (M.G.L. c. 254 §§ 2, 4, 8).
- Notice of contract: a contractor or subcontractor with a written contract records a notice in the registry of deeds for the county or district where the land is, generally no later than 90 days after work was last performed (M.G.L. c. 254 §§ 2, 4).
- Statement of amount due: recorded in the same registry, generally no later than 120 days after work was last performed (M.G.L. c. 254 § 8).
- Lawsuit: a civil action to enforce the lien must start within 90 days after the statement is filed, and an attested copy of the complaint must be recorded within 30 days after the action starts (M.G.L. c. 254 §§ 5, 11).
Trade secret claims under state and federal law
Rhode Island’s Uniform Trade Secrets Act, the Massachusetts trade secrets statute, and the federal Defend Trade Secrets Act protect business information that gets its value from not being generally known. The owner must also take reasonable steps to keep it secret (R.I. Gen. Laws § 6-41-1; M.G.L. c. 93 § 42; 18 U.S.C. § 1839).
Each law lets a court stop actual or threatened misappropriation. Under the federal law, that order cannot bar someone from taking a job, and any conditions must rest on evidence of threatened misappropriation, not merely on what the person knows (18 U.S.C. § 1836(b)(3)(A)).
Damages can include your actual loss plus unjust enrichment, or a reasonable royalty. For willful and malicious misappropriation, the court may add up to twice that award and may award reasonable attorney’s fees to the winning side. Fees can also be awarded against a claim brought in bad faith (R.I. Gen. Laws §§ 6-41-3, 6-41-4; M.G.L. c. 93 §§ 42B, 42C; 18 U.S.C. § 1836(b)(3)).
Claims generally must be filed within three years after the misappropriation was discovered or reasonably should have been (R.I. Gen. Laws § 6-41-6; M.G.L. c. 93 § 42E; 18 U.S.C. § 1836(d)). A federal claim also requires a trade secret related to a product or service used, or intended for use, in interstate or foreign commerce (18 U.S.C. § 1836(b)(1)).
Our approach
A formal legal demand makes clear that the claim is serious and that the attorney behind it is prepared to follow through. Our demand letters are written to show exactly that and to give the other side a chance to resolve the dispute before suit.
Where a case belongs depends on the amount in dispute and who the parties are. Rhode Island District Court hears civil claims up to $10,000, Superior Court hears larger claims, and federal court requires a federal claim or citizens of different states with more than $75,000 at stake. Each forum comes with different costs, timelines, and leverage dynamics. We advise on forum selection before filing.
Business disputes live in the records. Contracts, emails, invoices, accounting records, and communications build the evidentiary record that supports your position and challenge any documentation the other side relies on.
We prepare every matter for trial and make clear from the start that we’re not looking for the fastest exit.
What happens next
From the first call to the work itself.
We answer
When you contact us, you are not entering a queue.
What we do. Call 401-621-9700 or request a consultation online. We take your details and check for conflicts of interest before we discuss your matter.
What to prepare. Your contact details, and the names of anyone else involved, such as the other driver, business, or insurer.
We listen
We will give you honest answers about where you stand and what your options are.
What we do. An attorney reviews what happened, the documents you have, and any deadlines that may apply, then talks you through your options.
What to prepare. The contract or agreement, the key emails or letters, and invoices or payment records.
We fight
We prepare every case as though it’s going to trial.
What we do. If you decide to hire the firm, we confirm the engagement and get to work, and you know who is handling your matter.
What to prepare. Keep any new notices, letters, or court papers and send them to us as they arrive.
Every matter is different, so the steps and how long each one takes vary.
Who handles this work
Client reviews from Google
I had a great experience working with Dylan. He helped guide me through a situation I was dealing with involving a car dealership, and from the start he was professional, knowledgeable, and very easy to work with. Dylan took the time to explain everything clearly and made sure I understood my options every step of the way. Even though the situation didn’t require anything overly complicated, it was clear that Dylan really knows his stuff and genuinely cares about helping his clients. He was responsive, straightforward, and made the entire process much less stressful. I would absolutely recommend Dylan to anyone looking for a reliable and trustworthy attorney. Thanks again for your help!
Translated from the reviewer's original English on Google.
Stephensilva SilvaOur go to! We have utilized DiLibero & Assoc for a few years now and highly recommend. They are easy to reach, operate in a timely manner, and in each instance- they guided us and handled our situations surpassing our expectations. So grateful to always know exactly where to turn! And to actually get resolution. On top of that being treated with dignity and respect- definitely minimizes the stress when going through difficult predicaments.
Translated from the reviewer's original English on Google.
Aimee ZwolinskiTrustworthy, professional, and knowledgeable. DiLibero & Associates took the time to explain everything clearly and always made me feel informed throughout the process. Their honesty, responsiveness, and attention to detail gave me confidence every step of the way. I highly recommend them to anyone looking for legal representation they can trust.
Translated from the reviewer's original English on Google.
Tony LevadaOne of the best experiences i’ve ever had legally was with this firm! Lisa and Dylan are extremely professional and determined to get you a desirable outcome! They kept me well informed throughout the entire process and were nothing but professional, understanding, and helpful. I will always recommend this firm due to its staff’s dedication to getting you results that matter!
Translated from the reviewer's original English on Google.
Elaina MI couldn’t be more impressed with Delibero and Associates. From my very first consultation, they were attentive, professional, and genuinely cared about my case. Dylan took the time to explain every step of the process and kept me informed the entire way. Their expertise and attention to detail gave me complete confidence that I was in excellent hands. What stood out most was their compassion, they treated me like a person, not just a client. The entire team worked efficiently, communicated clearly, and delivered results that exceeded my expectations. If you’re looking for a law office that combines deep legal knowledge with true dedication to their clients, I highly recommend Delibero and Associates. They turned a stressful situation into a positive outcome.
Translated from the reviewer's original English on Google.
Michael MarzilliReviews describe individual clients’ experiences. Every matter is different.
Read all reviews on Google (opens Google Maps in a new tab)
Frequently asked questions
It depends on the amount in dispute, the strength of your position, and what you’re actually trying to accomplish. Some business disputes are worth litigating to full resolution. Others are worth a demand letter and a negotiated settlement. Sometimes, either option isn’t worth the cost either way.
Depending on the amount, your options range from a formal demand letter to small claims court or Superior Court litigation. Rhode Island small claims handles contract claims of $5,000 or less, and Massachusetts small claims handles claims up to $7,000. In Rhode Island, a corporation generally needs an attorney even in small claims unless it fits a narrow small-company exception. For larger amounts, we file in District Court or Superior Court and pursue the full scope of damages.
If you have an operating agreement or partnership agreement, that document governs buyout rights, decision-making authority, and dissolution procedures. If you don’t, the default rules of Rhode Island or Massachusetts law apply, which may not reflect what either of you actually intended. We represent partners through negotiated buyouts, mediated resolutions, and litigation when the relationship can’t be unwound any other way.
Potentially yes, particularly if the employee signed a non-compete, non-solicitation, or confidentiality agreement, or if they took proprietary information or trade secrets. Rhode Island and Massachusetts have different and increasingly restrictive rules on non-compete enforceability (Massachusetts Noncompetition Agreement Act, M.G.L. c. 149 § 24L; Rhode Island Noncompetition Agreement Act, R.I. Gen. Laws ch. 28-59), which limit or bar non-competes for many employees. Non-solicitation and confidentiality agreements fall outside both acts and are judged separately. We assess what you have in place and the remedies available, including emergency injunctive relief.
Call an attorney immediately. Deadlines to respond to a complaint in Rhode Island and Massachusetts are short (typically 20 days from service), and missing them can result in a default judgment against you regardless of the merits of the claim. We review the complaint, advise on the strength of the plaintiff’s position, and respond within the required timeframe.
It depends on the complexity of the dispute and how far it goes. A demand letter followed by a negotiated settlement is a different engagement from a fully litigated breach of contract case with discovery and trial. The first conversation is free, and we use it to discuss fee structures and give you a realistic sense of what the matter is likely to require.
The notice of intention must be mailed to the owner and filed in the city or town land evidence records before or within 200 days after the work or materials. A complaint to enforce the lien and a notice of lis pendens must then be filed within 40 days after the notice is recorded (R.I. Gen. Laws §§ 34-28-4, 34-28-10).
It can be. Massachusetts law expressly lists customer lists as an example, and Rhode Island law covers compilations of information (M.G.L. c. 93 § 42; R.I. Gen. Laws § 6-41-1). In either state, the list must get its value from not being generally known, and you must have taken reasonable steps to keep it secret.
Generally three years after the misappropriation was discovered or, with reasonable diligence, should have been. That rule applies under Rhode Island, Massachusetts, and federal law, and a continuing misappropriation counts as one claim (R.I. Gen. Laws § 6-41-6; M.G.L. c. 93 § 42E; 18 U.S.C. § 1836(d)).
