In Miner Dederick Constr. v. Gulf Chem. & Metallurgical Corp., 2013 Tex. App. LEXIS 4589 (April 11, 2013), the Texas Court of Appeals was asked to review a trial court's consideration and rejection of a spoliation claim brought by a
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.
Latest from Hawaii Construction Law - Page 4
Lump Sum Bids Based Upon Undefined Quantities: Who Bears the Risk?
By Anna Oshiro
On a summary judgment motion, a U.S.D.C. court out of South Dakota addressed the question of a subcontractor who contracted for undefined quantities of work on a lump sum basis, then performed over 50% more work than the parties originally…
California Federal District Court Case Discusses Cumis Counsel Entitlement
By Anna Oshiro
In Travelers Prop. Cas. Co. of Am. v. Centex,, 2013 U.S. Dist. LEXIS 50460, April 8, 2013, a U.S.D.C. case out of California, a developer (Centex) involved in a multiple construction defect suits, filed claims against its insured, Travelers, for…
World’s Largest Telescope Cleared for Construction atop Mauna Kea
By Anna Oshiro
Rendering of the ThirtyMeter Telescope from http://www.tmt.org/news-center/new-renderings-reveal-planned-design-tmtCalifornia and Canadian university plans to construct the world's largest telescope, the thirty meter telescope, atop the summit of Mauna Kea, won approval from the Department of Land and Natural Resources on Friday. …
Ohio Ct. Appeals Addresses Design Liability and Measure of Damages for Construction Claims
By Anna Oshiro
In B&B Contrs. & Developers, Inc. v. Olsavsky Jaminet Architects, Inc., 984 N.E.2d 419 (Ohio Ct. App. 2012), available here, the Ohio Court of Appeals affirmed in part and reversed in part a verdict in favor of a contractor…
Nationwide construction jobs report
By Anna Oshiro
Information regarding national construction jobs is discussed here. Bottom line: construction jobs are up nationwide. Alaska heads the list at 12% increase, Hawaii is second at 8%.
New Hawaii U.S.D.C. Insurance Case
By Anna Oshiro
On Bond Claim Time Limits
By Anna Oshiro
The Miller Act and most of the state bond statutes mirroring the Miller Act, impose a one year statute of limitations to file a bond claim from the last date labor or materials were supplied to a project. (There are…
Construction Debtor’s Money Transfer to a Surety within 90 Days of Bankruptcy Deemed Subject to “New Value” Exemption
By Anna Oshiro
While in Hawaii it seems most insolvent subcontractors or small general contractors seem to simply disappear rather than declare bankruptcy, construction related bankruptcy cases are still helpful, since (1) insolvent parties in construction projects still do crop up; and (2) the procedural…
Alabama Fed. Ct. Asks its State Supreme Court to Consider a Licensing question
By Anna Oshiro
If a general contractor contracts with an unlicensed sucontractor, what is the effect on the prime contract between owner and general? In such an instance, the contract performance is predicated upon an illegal contract — a contract with an unlicensed…