Articles
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...