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...
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...
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...
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...
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...
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)...
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