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
By Anna Oshiro on
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
By Anna Oshiro on
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
By Anna Oshiro on
The bill
Okada Trucking 13 Years Later: Still Making Waves in the Industry
By Anna Oshiro on
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
By Anna Oshiro on
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
By Anna Oshiro on
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
Huge Changes to Hawaii Contractor Licensing Before 2014 Legislators
By Anna Oshiro on
In the 2013 legislative session, the senate passed Senate Concurrent Resolution No. 84, Senate Draft 1 (2013) ("Resolution"), which requested that the Contractors License Board ("Board") conduct an assessment of each of the contractor licensing classifications under chapter 444, Hawaii Revised Statutes ("HRS"), and chapter 77, Hawaii Administrative Rules ("HAR"), and prepare a report that evaluates…
Rail has Resumed but Could Be Delayed by Court Ruling Timing
By Anna Oshiro on
HART executive director Dan Grabauskas has warned that delay of a decision from the federal court of appeals could once again suspend construction on the rail project. The lawsuit filed by former governor Ben Cayetano and others, is on appeal and oral arguments were heard in San Francisco in August of last year, and the…
Construction role in Hawaii Economy Expected to Grow
By Anna Oshiro on
The Star Advertiser reports that the construction industry will play a larger part in the expected healthy growth in the island economy over the next few years. Reporting on the comments of Jack Suyderhoud at the First Hawaiian Bank business outlook forum, the Adversiter notes: "Tourism's torrid pace will taper as the sector continues to…