Blog
Pandemic Puts Mediation Up Front
As we all individually and collectively do our best to ride out this pandemic, it is worth thinking about how we will behave when we emerge from these dark times. Will we engage in the same processes that have failed us all too often or will we be wise enough to turn...
What Subs Should Know About Mechanic’s Lien Rights
On private sector construction jobs, subcontractors and material suppliers who have not been paid often come to us and ask about their mechanic’s lien rights. A mechanic’s lien can be a powerful tool in getting an owner to pressure a general contractor to...
Good News for Subs on Indemnity Clauses
A recent decision by the Hawaii Supreme Court, Arthur v. State of Hawaii, No. SCWC-13-0000531, 2016 Haw. LEXIS 155 (June 27), has reduced the burden on subcontractors who are drawn into litigation against a general contractor. Every subcontractor who is being asked to...
Critical Documentation
At the start of every project, goodwill and trust are usually at their high point, and contractors often do not write down key agreements and understandings. When problems start to arise, trust and goodwill too often give way to the financial realities of potential...
Residential Contractors Should Know Their Rights
In the January issue of Building Industry Hawaii, residential contractors were alerted to problems they may face if their written contract does not comply with Section 444-25.5 of the Hawaii Contractors’ Law. Hawaii law also provides certain positive rights to...
A Guide to Basic Estate Planning
Estate planning can be compared to the creation of a personal legal “suitcase” in which all types of property ownership can be placed including personal belongings, assets, business holdings, financial resources and real estate. The person creating the...
Holding On to Sub-Bids
Hawaii law limits the types of work that can be done by a general contractor. Under Okada Trucking v. Board of Water Supply, 97 Hawaii 450 (2002), general contractors must retain subcontractors for all work not automatically included in their A (engineering) or B...
Retaining Control of a Bond Claim
Most of the general contractors we represent have had to post performance bonds or payment bonds at one time or another. In addition to paying a premium, they have to agree that, if a claim or a lawsuit is filed against the bond, they will indemnify (i.e. reimburse)...
Before You Sue, Consider Mediation
Have you ever reached a point in your dispute with a contractor or another professional or a family member when you have said: “I’ve had it. I need a good lawyer. I’m going to sue!” As a lawyer with over 40 years in practice, let me offer a word of advice: Wait. Take...