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Anna H. Oshiro
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New Hawaii Law Makes General Contractor Liable for the Unpaid Wages of Subcontractors on Private Projects
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 the law go into effect? Now. The governor signed... Continue reading
Posted Jun 9, 2023 at HawaiiConstructionLaw.com
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Getting and Keeping a Contractors License in Hawaii
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 in many cases over a year, to be concluded, and... Continue reading
Posted Feb 6, 2022 at HawaiiConstructionLaw.com
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A Bill Awaiting Governor's Signature Will Be Bad for Procurement
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 agencies to respond to bid protests. Second, it eliminates any... Continue reading
Posted May 24, 2021 at HawaiiConstructionLaw.com
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Construction Coronavirus Links
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 to work while practicing "social distancing." If you are an... Continue reading
Posted Mar 26, 2020 at HawaiiConstructionLaw.com
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Construction in the time of Coronavirus. Much is...
Construction in the time of Coronavirus. Much is happening -- latest information is that PPE equipment shortages may hold up work even where supplies and people (and law) allow the work to continue. Will be blogging about all as days unfold. Continue reading
Posted Mar 25, 2020 at HawaiiConstructionLaw.com
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My partners and I at the Midwinter Forum on...
Posted Feb 11, 2019 at HawaiiConstructionLaw.com
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Midwinter 2019 Forum on Construction Law, LA,...
Posted Feb 11, 2019 at HawaiiConstructionLaw.com
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Quick post to announce the ABA Forum on...
Quick post to announce the ABA Forum on Construction Law mid-winter program. To be held in Los Angeles, and the topic is public construction. I am co-chairing the program with Peter Hahn of the Dinsmore firm in Ohio. Very excited about this event! Here is a link to a "trailer"... Continue reading
Posted Oct 22, 2018 at HawaiiConstructionLaw.com
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U.S. District Court allows an unlicensed subcontractor to pursue a civil action.
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
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What Does A Trump Presidency Mean for Hawaii Contractors?
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
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Hawaii Supreme Court Halts Construction of the...
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
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DCCA Hearings Officer rules against Nan Inc. on...
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
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Should Liquidated Damages Be Measured Against Actual Or Anticipated Damages? New Hawaii Fed. Case Says Both
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
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ICA Decision Doubles Down on Important Finding that a Contractor Assumes the Role of an Insurer If it Contracts to Defend and Indemnify
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
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Okada Trucking 13 Years Later: Still Making Waves in the Industry
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
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Bid Protest Win: Public Job Bids Must Be Handed Over On Time or They Must Be Rejected
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
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Tips from the Forum on Construction Law Midwinter Meeting: Litigating the 200,000 Construction Case
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
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Huge Changes to Hawaii Contractor Licensing Before 2014 Legislators
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
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Rail has Resumed but Could Be Delayed by Court Ruling Timing
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
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Construction role in Hawaii Economy Expected to Grow
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
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Rail Update
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
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Kansas Case Teaches Important Lesson about Surety Bonds
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
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Hawaii Construction Jobs Predicted to Grow at 8.5% over Next Two Years
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
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Hawaii Housing Update
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
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Are Hawaii's Bridges Safe?
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
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