The Miller Act and most of the state bond statutes mirroring the Miller Act, impose a one year statute of limitations to file a bond claim from the last date labor or materials were supplied to a project. (There are other requirements, such as providing notice to the contractor and surety within 90 days after
Construction Debtor’s Money Transfer to a Surety within 90 Days of Bankruptcy Deemed Subject to “New Value” Exemption
While in Hawaii it seems most insolvent subcontractors or small general contractors seem to simply disappear rather than declare bankruptcy, construction related bankruptcy cases are still helpful, since (1) insolvent parties in construction projects still do crop up; and (2) the procedural machinations of bankruptcy are unfamiliar to many construction lawyers.
Case in point: bankruptcy laws treat
Alabama Fed. Ct. Asks its State Supreme Court to Consider a Licensing question
If a general contractor contracts with an unlicensed sucontractor, what is the effect on the prime contract between owner and general? In such an instance, the contract performance is predicated upon an illegal contract — a contract with an unlicensed subcontractor. Does that render the entire prime contract void as against public policy? The federal
UH Poised To Lose Authority to Procure its Own Construction Projects
Coming on the heels of allegations over University of Hawaii procurement processes, the State Senate appears poised to pass a bill taking all construction and construction consultant services out of the hands of UH, and into the jurisdiction of the Department of Accounting and General Services (DAGS).
I was tracking this bill as it made
UHERO Construction Forecast: Construction Picking Up
UHERO's construction industry forecast is decidedly rosy, finally getting past the "green shoots" analysis we have seen for the last few years and showing real growth. Some highlights from UHERO's public summary:
1. Residential construction is expected to pick up this year and next
2. Photovoltaic construction continues lead the surge in non-residential permitting, but private commercial
30 Anchor Bolts Holding New Bay Bridge Construction Together Have Snapped
S.F. Chronicle image
The S.F. Chronicle reports that at least 30 of the giant bolts that hold together the new,
$6.4 billion eastern span of the Bay Bridge have snapped. The Chronicle reports Caltrans is considering replacing all 288 bolts holding the new construction together. These bolts were manufactured in the U.S. and some
Owner-Builder License Exemption Part of the Legislation for 2013 Session
Several important bills are currently working their way through the 2013 legislative session. Here are a few:
SB 1077, HB 846: Limiting the Haw. Rev. Stat. 444-2.5 Owner Building Exemption
Under current licensing laws, building owners are exempt from having to have a valid contractors' license if they are performing construction on their
Oral Argument on Licensing Case
On Thursday we watched oral argument at the Supreme Court on the licensing issue being pursued by petitioner District Council 50. Michael Lilly argued on behalf of petitioners, and deputy attorney general Rodney Tam argued on behalf of the State.
At issue was whether the Contractors License Board, Administrative Hearings Officer, Circuit Court, and ICA
Upcoming Oral Argument on Licensing Question at the Supreme Court
On Thursday, January 17, 2013 starting at 11:00 a.m., the Hawaii Supreme Court will hear oral arguments in District Council 50, of the International Union of Painters and Allied Trades v. Lopez, No. SCWC-28762.
In that case, the court is presented with the question of whether the Okada Trucking Co. v. Bd. of Water
Honolulu High Rise Boom on the Horizon — Construction Defect Litigation Ahead
Civil Beat has a new article out this morning about the multiple high rise condominiums planned for the Kakaako area, and what that means not only for the construction industry but for lawyers working in construction defect litigation as well.
Last year we completed a chapter in a book called Construction Defects (2012, ABA). My chapter