SB 415 was just signed into law by Hawaii's governor, and creates risk of new liability for general contractors working on private projects in the State of Hawaii.  Here are some  answers to basic questions on the law: 1.  When does the law go into effect?   Now.  The governor signed the bill on June 1, 2023, and it is applicable to all debts incurred from the date of the statute forward.  In other words, it is written to apply to existing projects on a go-forward basis.   2.  Whose wages will the general contractor be responsible for? Under th ..read more

For anyone who has tried to obtain a contractors license in the State of Hawaii, you are already aware that the process can be frustrating and lengthy.   There are a number of reasons why the process can take months, and in many cases over a year, to be concluded, and this post aims to identify why that is and what you as an aspiring contractor hoping to start bidding for and performing work legally in this state, can do to try to minimize delay.   1.  The CLB only meets once a month, and not in December.   No matter what you have turned in for consideration ..read more

Civil Beat published an article today, https://www.civilbeat.org/?p=1443162&mc_cid=4772bbfeef&mc_eid=7e39375e0a discussing a piece of legislation that has made its way to the Governor's desk and is awaiting signature.  The bill does two things.  First, it imposes a 75 day time limit for public agencies to respond to bid protests.  Second, it eliminates any cap on the cost of filing for an appeal of a bid protest decision issued by an agency.  The first part of the bill went through conference, was subject to numerous hearings and received significant public testimon ..read more

The AGC has been presenting an excellent webinar series for members, covering everything from new legislation designed to protect employees, to insurance coverage questions arising out of the coronavirus pandemic, to how to physically protect your employees who are attempting to work while practicing "social distancing."  If you are an AGC member, you should sign up.  If you are not a member, now is a good time to become a member.    I am going to try to post and keep updating these posts on construction issues relating to the outbreak and its fallout.  Rather than rei ..read more

Construction in the time of Coronavirus. Much is happening -- latest information is that PPE equipment shortages may hold up work even where supplies and people (and law) allow the work to continue. Will be blogging about all as days unfold ..read more

My partners and I at the Midwinter Forum on Construction Law. Peter Hahn of the Ohio Dinsmore firm and I co-chaired the Forum's midwinter program. The topic was public construction law. We had a great time at the Millenium Biltmore hotel in downtown Los Angeles ..read more

Midwinter 2019 Forum on Construction Law, LA, first session ..read more

Quick post to announce the ABA Forum on Construction Law mid-winter program. To be held in Los Angeles, and the topic is public construction. I am co-chairing the program with Peter Hahn of the Dinsmore firm in Ohio. Very excited about this event! Here is a link to a "trailer" for the program, which will be held at the old site of the Academy Awards -- the Millenium Biltmore hotel ..read more

In U.S. Pipelining v. Johnson Controls, which can be found online here, the court found that a an unlicensed subcontractor was allowed to bring a civil action for nonpayment against a licensed general contractor.  Hawaii's contractor licensing laws contain a strict prohibition against offering and performing work without a valid license.  Section 444-22 imposes a harsh penalty on contractors who contract for and perform construction without a license:  "The failure of any person to comply with any provision of this chapter shall prevent such person from recovering for work done ..read more

The 2016 election is over, and the country has a new President-elect.   Without getting into the chasms separating the former presidential candidates in terms of policy (and everything else), one thing both of them seem to agree upon is the need for major investments in infrastructure. For a construction lawyer, this sparks some interest. Throughout his campaign, Donald Trump called out the need for major infrastructure investments in national roads, highways, and bridges. There is strong support for this argument. Every four years the American Society of Civil Engineers “grades” our ..read more