Articles

Holding On to Sub-Bids

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

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

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...
Brokers are Liable

Brokers are Liable

Stockbrokers and financial planners are required by law to “know their clients” and recommend investments that are appropriate for them. The rules governing brokers require that they have reasonable grounds for believing that every recommendation is suitable for the...
Win, Lose… or Mediate

Win, Lose… or Mediate

America’s legal system is not good for society. It makes enemies out of friends and it exacerbates strife, hostility and ill-will. Win or lose. Those are the two options offered to us in America’s adversarial system of justice. It is estimated that about 60,000...
Teaming for Success

Teaming for Success

Using Partnering Principles to Support Collaboration and Communication in Government, Non-Profit, Business and Community Groups Partnering is a process that was originally developed and used in the construction industry to redesign the relationship of all stakeholder...