In Ori Anuenue Hale v. Kasan Constr. Corp., 2012 Haw. App. LEXIS 49, January 17, 2012, the ICA was asked to overturn an arbitration award on behalf of a contractor on public policy grounds, due to violations of Hawaii's licensing and lien laws. Kasan Construction Corp. ("Kasan") prevailed in an arbitration with owner Ori Anuenue Hale ("Ori").
New Economic Loss Doctrine case from Kansas
In David v. Hett, No. 98,419, 2011 Kan. LEXIS 657 (Kan. Dec. 30, 2011), the Supreme Court of Kansas held that the economic loss doctrine does not prohibit homeowners' claims against residential service contractors for poor workmanship.
In that case, the homeowners (the Davids) had entered an oral agreement with a contractor (Hett) regarding concrete and
690 Pohukaina RFP to be Issued Friday: Tallest Building in Hawaii
The Hawaii Community Development Association (HCDA) is issuing a final RFP for what is planned to be Hawaii's tallest building – comprised of two towers, the first consisting of 300 affordable housing units, and the second consisting of 500 market priced units. The project is expected to cost in the range of $500 million dollars, with construction expected
30% of Hawaii’s Construction Jobs were Lost in the Last 4 years
Pacific Business News reports the American General Contractors' ("AGC's") findings that Hawaii lost 30% of its construction jobs since the peak of November 2007. Hawaii is in the middle of the pack as far as job losses. The AGC is seeking to influence Congress to pass new legislation funding badly needed infrastructure investments in bridges
Tennessee Court of Appeals Case on Construction Delays, Damages, and Cost Plus Contracts
"Time is of the essence" clauses often appear to be perfunctory additions to construction contracts — something that is so apparent that it should almost be assumed. Not so, says the Tennessee Court of Appeals in Sanders v. Breath of Life Christian Church, Inc, 2012 Tenn. App. LEXIS 27. I'll post the link to the
Hawaii U.S. District Court Again Notes Legislature’s Excoriation of the Group Builders Decision
The Group Builders decision continues to generate insurance coverage litigation and legal gymnastics through state courts applying often directly conflicting law on CGL coverage for construction defects. Another recent example is Axis Surplus Ins. Co. v. McCarthy/Kiewit, 2012 U.S. Dist. LEXIS 3612 (subscription required). Kaiser hired Kiewit to perform construction at the Kaiser Moanalua Medical
Senate Majority Unveils 2012 Legislative Priorities: $500 Million in Shovel Ready Construction Projects
Today the Hawaii Senate majority unveiled its priorities for the 2012 legislative caucus: number on its list was job creation and creating a sustainable economy. From the senate majority website: "
Creating jobs and putting people back to work will be critically important. The Senate Majority has created an aggressive FY13 G.O. Bond-funded $500 million
Hawaii’s construction unions endorse Mufi Hanneman
The Star Advertiser reports that Hawaii's Construction Alliance, comprised of the Operating Engineers, along with the Hawaii Laborers' Union, Local 368, Hawaii Masons' Union, Local 1 and Local 630, and Hawaii Regional Council of Carpenters, formerly the Hawaii Carpenters Union, have endorsed Mufi Hanneman in his campaign for the 2nd Congressional District.
Judge orders jail time for failure to meet construction deadlines
Bloomberg news reports that Manuel “Matty” Moroun, the billionaire owner of Detroit’s Ambassador Bridge, will appeal a Michigan judge’s ruling ordering him jailed for missing deadlines on a construction project. Court imposed deadlines for improving freeway connections to the bridge were not met, and according to the judge, Moroun evidenced a refusal to
Houston Texas case
Rockport Contr v. Chain Elec. Co., Civil H-11-1853, 2012 U.S. Dist. LEXIS 3731, Jan. 11, 2012 found here