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Anna H. Oshiro
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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 a strict prohibition against offering and performing work without a valid... Continue reading
Posted Feb 2, 2017 at HawaiiConstructionLaw.com
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 need for major investments in infrastructure. For a construction lawyer,... Continue reading
Posted Nov 11, 2016 at HawaiiConstructionLaw.com
Hawaii Supreme Court Halts Construction of the TMT: Decision here: http://www.courts.state.hi.us/docs/opin_ord/sct/2015/December/SCAP-14-0000873.pdf Continue reading
Posted Dec 2, 2015 at HawaiiConstructionLaw.com
DCCA Hearings Officer rules against Nan Inc. on airport rental facility project bid protest. This DOT project was first bid in 2014. The first three low bidders were all eliminated in favor of Hawaiian Dredging, which was slated to be awarded the bid based upon it being "low" after a... Continue reading
Posted Sep 12, 2015 at HawaiiConstructionLaw.com
In American Electric Co. LLC v. Parsons RCI, Inc., 2015 U.S. Dist. LEXIS 26087, 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 the allegation that, in fact, the complaining party had... Continue reading
Posted Mar 20, 2015 at HawaiiConstructionLaw.com
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 its representatives or subcontractors were the source of the suit,... Continue reading
Posted Mar 14, 2015 at HawaiiConstructionLaw.com
Last year I researched and wrote a paper on the Okada Trucking decision, first issued by the Hawaii Supreme Court in 2002. The decision dramatically affected the scope of a general engineering and building license in the state, altering and limiting work traditionally performed by general contractors, and making them... Continue reading
Posted Feb 19, 2015 at HawaiiConstructionLaw.com
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 room, self-stamped his bid, and handed it over to the... Continue reading
Posted Feb 19, 2015 at HawaiiConstructionLaw.com
Just returned from the Forum's January meeting in Scottsdale. One of the many well attended and well done programs was a breakout session on litigating the $200,000 case, put on by Franklin Elmore of the Elmore Goldsmith firm in South Carolina, and Erik Raines of the Hill Ward Henderson firm... Continue reading
Posted Feb 4, 2015 at HawaiiConstructionLaw.com
In the 2013 legislative session, the senate passed Senate Concurrent Resolution No. 84, Senate Draft 1 (2013) ("Resolution"), which requested that the Contractors License Board ("Board") conduct an assessment of each of the contractor licensing classifications under chapter 444, Hawaii Revised Statutes ("HRS"), and chapter 77, Hawaii Administrative Rules ("HAR"),... Continue reading
Posted Jan 17, 2014 at HawaiiConstructionLaw.com
HART executive director Dan Grabauskas has warned that delay of a decision from the federal court of appeals could once again suspend construction on the rail project. The lawsuit filed by former governor Ben Cayetano and others, is on appeal and oral arguments were heard in San Francisco in August... Continue reading
Posted Jan 17, 2014 at HawaiiConstructionLaw.com
The Star Advertiser reports that the construction industry will play a larger part in the expected healthy growth in the island economy over the next few years. Reporting on the comments of Jack Suyderhoud at the First Hawaiian Bank business outlook forum, the Adversiter notes: "Tourism's torrid pace will taper... Continue reading
Posted Nov 9, 2013 at HawaiiConstructionLaw.com
Construction on rail could restart as early as Monday, Pacific Business News reports. Last month, the Historic Preservation Division signed off on archaeological survey for the length of the rail system. With this approval in hand, the project then received two key approvals by two Hawaii City Council committees, allowing... Continue reading
Posted Sep 10, 2013 at HawaiiConstructionLaw.com
Dun Par Engineered Form Co. v. Vanum Constr. Co., 2013 Kan. App. LEXIS 75 (August 23, 2013), teaches the importance of collecting and reading subcontractor or for that matter any surety bonds supposedly procured for a construction project. In the case, the job was a federal construction project in Fort... Continue reading
Posted Aug 24, 2013 at HawaiiConstructionLaw.com
Hawaii's construction market appears to be back and slated for strong growth, after years of struggles in the wake of the recession. According to this report by the DLNR's workforce infonet, construction will lead the state in the rate of job expansion, but jobs are expected to enjoy healthy growth... Continue reading
Posted Aug 17, 2013 at HawaiiConstructionLaw.com
Attended a luncheon seminar put on by Thinktech Hawaii. The topic was on housing in Hawaii, and how to keep up with demand. Thinktech assembled a panel of speakers consisting of major condomomiium and home construction developers, HCDA and PRP (carpenter union) representatives, and economist Paul Brewbaker, who set the... Continue reading
Posted May 31, 2013 at HawaiiConstructionLaw.com
The bridge collapse in Washington last week has left many Hawaii residents wondering whether Hawaii's bridges are safe. This is certainly a thought that occurs to many stuck in traffic under an overpass. How safe are Hawaii's bridges? The bridge that collapsed in Washington is now believed to have collapsed... Continue reading
Posted May 29, 2013 at HawaiiConstructionLaw.com
Macy's Inc. announced today that a new Bloomingdales will be built at Ala Moana. Says the company: “Ala Moana will provide an exceptional environment for the distinctive, upscale shopping experience for which Bloomingdale’s is world famous. It is a beautiful open-air shopping center that is a recognized destination not only... Continue reading
Posted May 17, 2013 at HawaiiConstructionLaw.com
An extensive improvement project at Honolulu International Airport has begun with groundbreaking for a new Aloha Air Cargo (AAC) facility. The AAC terminal marks the start of the $750m overhaul under a statewide Hawaii Airports Modernisation Program. Information about the Program is contained at this website:http://hawaiiairportsmodernization.com/3/what-were-doing-now, which describes its program... Continue reading
Posted May 4, 2013 at HawaiiConstructionLaw.com
Hawaii's legislature is considering a bill response to the Hawaii Supreme Court's rail decision holding that before construction can proceed an AIS study must be conducted for the entirety of a project even when (as in the case of rail), the construction is planned to be done in phases. Reports... Continue reading
Posted Apr 23, 2013 at HawaiiConstructionLaw.com
The Supreme Court issued its opinion today on the licensing matter. Bottom line: the court remanded the case back to the licensing board for a determination of whether the jalousie removal and installation work on the protested job at issue was “incidental and supplemental” to the renovation job as a... Continue reading
Posted Apr 17, 2013 at HawaiiConstructionLaw.com
The ICA issued its decision on the duty to defend portion of the pending Group Builders appeal. Bottom line on the crucial issue of whether the ICA would revisit or reexamine its decision that construction defects can never be "occurrences" and therefore cannot trigger insurance coverage: 1. The court noted... Continue reading
Posted Apr 15, 2013 at HawaiiConstructionLaw.com
In Holcomb Condo. Homeowners' Ass'n v. Venture, 2013 Nev. LEXIS 24 (April 14, 2013), available here, the court considered the effect of an arbitration agreement made part of the purchase agreements for the condominium. The arbitration agreement was attached to the purchase agreement, but stated that it was a part... Continue reading
Posted Apr 15, 2013 at HawaiiConstructionLaw.com
I will leave this to Tred to expound upon at insurance law blog but wanted to note a new case from North Dakota, K & L Homes v. Am. Family Mut. Ins. Co., 2013 ND 57; 2013 N.D. LEXIS 61, April 5, 2013. Link to the case here. Briefly, court... Continue reading
Posted Apr 14, 2013 at HawaiiConstructionLaw.com
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 defendant to a construction defect action. In the case the... Continue reading
Posted Apr 14, 2013 at HawaiiConstructionLaw.com