Mediation as a mandatory precursor to litigation is a common feature in construction contracts. What happens when mediation runs afoul of the timing requirements of a bond claim? Does a contractor's failure to pursue and complete contractually mandated mediation prior to filing its bond claim subject its bond claim to dismissal? No, according to the
Hawaii’s Green Construction Gets a Boost with Approval of New Wind Energy Project
By Anna Oshiro on
Boston-based First Wind and Hawaiian Electric Company have received approval from the Public Utilities Commission to move forward with the largest wind energy project in Hawaii. The project is expected to generate as much as 2.3 megawatts of electricity that will be sold to the electric company at a fixed price for the next 20…
10th Circuit Anticipates Colorado Supreme Court Will Recognize CGL Coverage for Construction Defects
By Anna Oshiro on
Adding to the growing number of courts that have rejected the logic that held sway in Hawaii’s Group Builders decision, the Tenth Circuit Court of Appeals recently predicted the Colorado Supreme Court would hold that property damage caused by defective construction could qualify as an occurrence under a standard commercial general liability insurance policy, and…
Will Hawaii’s Construction Industry get a Rail-Fueled Boost in 2012?
By Anna Oshiro on
Going into 2011, UHERO anticipated decent growth in Hawaii’s construction sector, fueled in part by active rail construction. That did not happen. Instead, hampered by litigation, first over the sufficiency of the survey of ancient Hawaiian burial sites, then by bid protests over the rail car manufacturer chosen for the job, and then the EIS lawsuit…
Upcoming Talk About the Group Builders Decision
By Anna Oshiro on
by Anna H. Oshiro
Fellow construction attorney Karin Holma and I will be giving a talk about the Group Builders decision with the GCA this Friday. We'll talk about the current status of the case, how and when the Supreme Court could finally review the case, and whether the passage of Act 83 has had
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What Is Drywall?
By Anna Oshiro on
Gypsum is a soft mineral (2H2O∙CaSO4). It is hardened and pressed between 2 paper liners to form a panel of drywall. Naturally occurring mineral gypsum forms when a body of water slowly evaporates. Synthetic gypsum is derived from the by-products of electric power plants. Nearly half of America’s electricity is produced from coal, generating about
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Construction Links
By Anna Oshiro on
ABA’s Forum on the Construction Industry
American Bar Association Forum Committee on the Construction Industry: http://www.americanbar.org/groups/construction_industry.html
Forum Newsletters (“Under Construction” Online): http://www.americanbar.org/groups/construction_industry/publications.html
Hawaii Resources
Business and Trademark Registration
State of Hawaii Department of Commerce and Consumer Affairs (DCCA) Business Registration Division (BREG): http://hawaii.gov/dcca/breg/
Information re business registration: http://hawaii.gov/dcca/breg/geniforegister
BREG Online Services (business
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The Cautionary Tale Of Drywall
By Anna Oshiro on
by Christi-Anne H. Kudo Chock
As litigators, it is our job to know what laws apply to your business. While we are immensely proud of our successes at trial and have our fair share of Perry Mason stories about victorious courtroom performances (My favorite raconteur? Charlie Bocken, who argued and won the landmark property
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Bidding On Rail
By Anna Oshiro on
by Christi-Anne H. Kudo Chock
By the end of March 2011, the City and County of Honolulu had awarded contracts totaling nearly $2.5 billion in connection with the Honolulu High-Capacity Transit Corridor Project (i.e. rail project). With so much money on the line, it is not surprising that some of these awards are currently
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Keeping Track Of Rail
By Anna Oshiro on
by Christi-Anne H. Kudo Chock
Honolulu rail, officially referred to as the “High-Capacity Transit Corridor Project,” will generate its share of legal issues over an anticipated eight year construction period, including eminent domain, construction and procurement, and environmental law. The attorneys at Damon Key have a depth of experience in these fields, and stand ready
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