Appellant DC 50 failed to convince the ICA to overturn the decision reached by the Contractors License Board on remand from
https://www.hawaiiconstructionlaw.com/2015/12/hawaii-supreme-court-halts-construction-of-the-tmt-decision-here-httpwwwcourtsstatehiusdocsopin_ordsct2015d.html
Hawaii Supreme Court Halts Construction of the TMT: Decision here:
http://www.courts.state.hi.us/docs/opin_ord/sct/2015/December/SCAP-14-0000873.pdf
https://www.hawaiiconstructionlaw.com/2015/09/dcca-hearings-officer-rules-against-nan-inc-on-airport-rental-facility-project-bid-protest-this-dot-project-was-first-bid.html
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
Should Liquidated Damages Be Measured Against Actual Or Anticipated Damages? New Hawaii Fed. Case Says Both
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
Bid Protest Win: Public Job Bids Must Be Handed Over On Time or They Must Be Rejected
I recently litigated a bid protest seeking to overturn acceptance of a bid for a $7 million dollar paving job. The time set for bid opening was 2:00. On the date of bid opening, the low bidder ran into the room, self-stamped his bid, and handed it over to the public agency rep. behind the counter. The
ICA Decision Doubles Down on Important Finding that a Contractor Assumes the Role of an Insurer If it Contracts to Defend and Indemnify
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
Bill Seeking to Limit Scope of General Engineering and Building Contractor License Deferred
The bill
Okada Trucking 13 Years Later: Still Making Waves in the Industry
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
Tips from the Forum on Construction Law Midwinter Meeting: Litigating the 200,000 Construction Case
Just returned from the Forum's January meeting in Scottsdale. One of the many well attended and well done programs was a breakout session on litigating the $200,000 case, put on by Franklin Elmore of the Elmore Goldsmith firm in South Carolina, and Erik Raines of the Hill Ward Henderson firm in Tampa Florida.
For construction
9th Circuit Affirms District Court on Rail: No Preliminary Injunction Stopping Rail
In a decision issued yesterday by the 9th Circuit Court of Appeals, the court affirmed the ruling issued by District Court Judge Tashima, refusing to issue a preliminary injunction stopping construction of the Honolulu Rail Project