2015

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 reduction in job scope. Nan…

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 suffered no damages and therefore…

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, the contractor must indemnify the owner…

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 little more than construction managers…