PBN reports that President Obama's budget requests $250 million dollars for the Honolulu rail transit project — $100 million more than any other rail project in the country. This information comes on the heels of a new Hawaii News Now/Star Bulletin poll that reflects public support for the rail project has declined into negative territory.
Anna Oshiro
Anna practices in the firm’s Appeals, Construction Law, Insurance Defense/Surety Law, Litigation & Dispute Resolution, and Real Estate practice groups. As a director of the firm, her main focus is construction law and commercial litigation.
No Damages for Delay Clause case from North Carolina Refuses to Enforce Provision when Contract Also Contemplated “Equitable Adjustment”
In Southern Seeding Service, Inc., v. W.C. English, Inc., 2011 N.C. App. LEXIS 2432 (December 6, 2011), the North Carolina Court of Appeals reversed a trial court's determination that a "no damages for delay" clause prevented a subcontractor from claiming delay damages under a separate "equitable adjustment" clause. The court held the trial court's blending…
Japan Times reports Deal on Relocation of Troops Stationed in Okinawa: 3300 may be sent to Hawaii
The Japan Times reports Tokyo and Washington said Wednesday they have agreed to revise a 2006 bilateral accord aimed at transferring U.S. Marines from Okinawa to Guam. Previously, the transfer was effectively contingent upon construction of a replacement airfield by 2014. No longer.
The two sides say they are negotiating on moving some of the marines…
Rail receives green light from Federal Transit Authority to Proceed with Advanced Construction
The City has the green light to commence with construction of the foundation and pillars that will make up the first segment of the Honolulu rail project. The City has been authorized to spend $184.7 million on this first segment of work.
A&B Executes Option Agreement to Purchase Development Block in Kakaako
A&B Properties, Inc., a subsidiary of Alexander & Baldwin, Inc. (A&B) announces it has executed an option agreement to purchase a development block in Kaka'ako from Kamehameha Schools, on which A&B will initiate planning for the future development of a residential condominium tower.
The property fronts Ala Moana Boulevard and is bordered by Keawe, South…
Tennessee Bankruptcy Court Refuses to Discharge Debts of a Contractor Who Misrepresented his Licensing Status
The bankruptcy court for the Eastern District of Tennessee was asked to determine whether a contractor who misrepresented his licensing status should have the claims of the homeowner who believed him discharged in bankruptcy. In In Re Heinz, 2012 Bankr. LEXIS 218 (January 18, 2012), the plaintiffs claimed that the debtor contractor fraudulently misrepresented that…
$250 Million Dollar Seawater Air Cooling System Adds High Rise Customer
Pacific Business News reports that the Seawater Air Cooling System has signed a new customer, One Waterfront Towers, and is scheduled to beging construction this spring. The $250 million dollar system is scheduled to begin construction this spring and could be operational as soon as 2013. It already has 40 customers signed up, including First…
Hawaii Rail News
1. Kiewit has been awarded a $15 million dollar change order on its contract for the first segment of Honolulu's rail transit project, boosting the total cost of the contract to $502 million dollars. The Honolulu Authority for Rapid Transporation (HART) says the contract price could increase if the project is further delayed.
2. HART representatives…
Pennsylvania Courts Join Hawaii in Allowing Union Trustees to File Mechanics Liens to Recover Unpaid Contributions
In Bricklayers of Western Pennsylvania Combined Funds, Inc. v. Scott's Development Company, 2012 WL 29299 (Pa. Super.), the Superior Court of Pennsylvania found that the trustees of employment funds had standing to file mechanics' lien claims for unpaid contributions owed to union members as a result of collective bargaining agreements between a contractor and the unions. …
Procurement and Construction Bills Being Considered in Hawaii’s 2012 Legislative Session
On January 24, 2012, the Committee on Economic Revitalization and Business held a hearing to discuss a number of different bills being considered in the 2012 legislative session. Attached here is an agenda for the meeting, which identifies proposed legislation that can affect Hawaii's construction industry. Excerpts from the meeting agenda include the followng:
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