Randall L. Souza
Randy Souza brings to KS&P Law, PC over 30 years of experience in commercial litigation, business disputes, construction matters and complex civil litigation.
Randy focuses his practice in such areas as contract disputes, business valuation proceedings, corporate dissolutions, construction disputes, receiverships and insolvencies, creditors’ rights matters, non-competition agreements, professional negligence claims, tax appeals and intellectual property matters. He has extensive experience representing contractors, business owners, corporations, shareholders, financial institutions, governmental bodies and professionals throughout Southern New England.
- Prevailed on appeal before the R.I. Supreme Court in reversing a lower court’s ruling that condominium unit owners could petition a fellow unit owner into an involuntary receivership, thereby successfully restoring full control of the condominium units to the title owner.
- Prevailed in a class action suit against a Rhode Island municipality with the Court ruling that the Town’s water and sewer charges had been unconstitutionally assessed, resulting in refunds to all sewer users in the Town, which ruling was affirmed on appeal in the R.I. Supreme Court.
- Successfully secured injunctive relief on behalf of a condominium association against the developer/declarant of the project, which halted all construction of new buildings in areas of the complex where the development rights had expired, which ruling was affirmed on appeal in the R.I. Supreme Court.
- Procured at the time the largest civil judgment issued by the Rhode Island Superior Court (over $41 million) against a fugitive banker on behalf of the Receiver of a failed savings bank.
- Prevailed on summary judgment in the Trial Court, as affirmed on appeal in the R.I. Supreme Court, on behalf of a Rhode Island municipality where a terminated employee had asserted that she had received a promise of continued employment from the then-Mayor of the City.
- Successfully conducted several arbitrations to conclusion and award, representing owners, general contractors and sub-contractors.
- Successfully argued a case before the Federal Court of Appeals for the First Circuit, wherein the Court ordered that a federally recognized Native American tribe was obligated to comply with all applicable municipal and state building codes in the construction of buildings on the tribe’s land.
- Conducted a one-week trial in Rhode Island Superior Court and procured a defense verdict for a financial institution that had been sued by a homeowner for wrongful foreclosure, which ruling was affirmed on appeal in the R.I. Supreme Court.
- Recovered fidelity bond proceeds on behalf of the receiver of a failed bank from an insurer and from a surety, who had declined to honor any claims under the instruments.
Awards and Recognition
Named “New England Super Lawyers” for the years 2011-2021
Top Lawyers in Rhode Island by Rhode Island Monthly, 2011-2021
Member of the Rhode Island Bar Association Superior Court Bench-Bar Committee
Member of the Rhode Island Bar Association Ethics and Professionalism Committee
Author of Chapter 23 – “Discovery from Out-of-State and Foreign Nonparty Witnesses” in A Practical Guide to Discovery & Depositions in Rhode Island (MCLE 2010)
- Paradis v. Aetna Casualty & Surety Co., 796 F. Supp. 59 (D. R.I. 1992)
- Gabriele v. Rocchio, 665 A.2d 566 (R.I. 1995)
- Narragansett Indian Tribe of Rhode Island v. Narragansett Elec. Co., 89 F.3d 908 (1st Cir. 1996)
- Hart Engineering Corporation v. GAF Building Materials Corp., 711 A.2d 649 (R.I. 1998)
- Fleet Construction Co., Inc. v. Town of North Smithfield, 713 A.2d 1241 (R.I. 1998)
- Santucci v. Citizens Bank of Rhode Island, 799 A.2d 254 (R.I. 2002)
- Newport Court Club Associates v. Town Council of Middletown, 716 A.2d 787 (R.I. 1998)(Newport Club I)
- Newport Court Club Associates v. Town Council of Middletown, 800 A.2d 405 (R.I. 2002) (Newport Court Club II)
- Fraioli v. Lemcke, 328 F. Supp.2d 250 (D. R.I. 2004)
- DeLuca v. City of Cranston, 22 A.3d 382 (R.I. 2011)
- Martins v. U.S. Bank, N.A., 2011 WL 4459135 (D. Mass. Sept. 26, 2011) (Stearns, J.)
- DaSilva v. U.S. Bank, N.A., 885 F. Supp.2d 500 (D. Mass. 2012)
- Siemens Financial Services, Inc. v. Stonebridge Equipment, LLC, 91 A.3d 817 (R.I. 2014)
- Joanne C. Miller v. Wells Fargo Bank, N.A. et al., No. 2016-71-Appeal, 160 A.2d 975 (R.I. 2017)
- Epic Enterprises, LLC v. 10 Brown and Howard Condominium Assoc., et al., No. 2020-194-Appeal (R.I. Supreme Court; June 25, 2021)
Community and Civic Activity
Director — Boston College Law School Alumni Association of Rhode Island
Coach – Tiverton Youth Soccer
Member — University Club
Member — Tiverton Yacht Club
Member – Pawtucket Country Club
Boston College Law School, J.D., cum laude – 1988
Amherst College, B.A. (Classics), magna cum laude – 1985