SB 415 was just signed into law by Hawaii's governor, and creates risk of new liability for general contractors working on private projects in the State of Hawaii. Here are some answers to basic questions on the law:1. When does
Hawaii Construction Law
A law blog on all aspects of Construction Law, including design, defects, surety, and arbitration
The Hawaii Construction Law blog, published by Damon Key Leong Kupchak Hastert, focuses on legal issues related to construction projects in Hawaii. It covers topics such as contractor licensing requirements and processes, liability of general contractors for subcontractors' unpaid wages, bid protests and procurement regulations, construction contract disputes including delays and suspensions, insurance coverage related to construction risks, and recent legislative developments affecting the construction industry. The blog also addresses practical guidance for contractors navigating state regulations and court decisions impacting construction law in Hawaii.
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Latest from Hawaii Construction Law
Getting and Keeping a Contractors License in Hawaii
By Anna Oshiro
For anyone who has tried to obtain a contractors license in the State of Hawaii, you are already aware that the process can be frustrating and lengthy. There are a number of reasons why the process can take months, and…
A Bill Awaiting Governor’s Signature Will Be Bad for Procurement
By Anna Oshiro
Civil Beat published an article today, https://www.civilbeat.org/?p=1443162&mc_cid=4772bbfeef&mc_eid=7e39375e0a discussing a piece of legislation that has made its way to the Governor's desk and is awaiting signature. The bill does two things. First, it imposes a 75 day time limit for public…
Construction Coronavirus Links
By Anna Oshiro
The AGC has been presenting an excellent webinar series for members, covering everything from new legislation designed to protect employees, to insurance coverage questions arising out of the coronavirus pandemic, to how to physically protect your employees who are attempting…
U.S. District Court allows an unlicensed subcontractor to pursue a civil action.
By Anna Oshiro
In U.S. Pipelining v. Johnson Controls, which can be found online here, the court found that a an unlicensed subcontractor was allowed to bring a civil action for nonpayment against a licensed general contractor. Hawaii's contractor licensing laws contain…
What Does A Trump Presidency Mean for Hawaii Contractors?
By Anna Oshiro
The 2016 election is over, and the country has a new President-elect. Without getting into the chasms separating the former presidential candidates in terms of policy (and everything else), one thing both of them seem to agree upon is the…
Supreme Court Rejects Request for Another Review of the DC 50 “Incidental and Supplemental” Appeal
By Anna Oshiro
Appellant DC 50 failed to convince the ICA to overturn the decision reached by the Contractors License Board on remand from
Should Liquidated Damages Be Measured Against Actual Or Anticipated Damages? New Hawaii Fed. Case Says Both
By Anna Oshiro
In American Electric Co. LLC v. Parsons RCI, Inc., 2015 U.S. Dist. LEXIS26087, the Hawaii U.S. Dist. Court was asked to rule on a summary judgment motion to eliminate a claim for liquidated damages in a construction project based upon…
Bid Protest Win: Public Job Bids Must Be Handed Over On Time or They Must Be Rejected
By Anna Oshiro
I recently litigated a bid protest seeking to overturn acceptance of a bid for a $7 million dollar paving job. The time set for bid opening was 2:00. On the date of bid opening, the low bidder ran into the…
ICA Decision Doubles Down on Important Finding that a Contractor Assumes the Role of an Insurer If it Contracts to Defend and Indemnify
By Anna Oshiro
AIA contract language on indemnification typically requires contractors to hold harmless and indemnify against claims arising out of their performance of work. Simply translated, this means if an owner is sued and ultimately it is determined that the contractor or…