In Hawaii, contractors are licensed and regulated. Hawaii’s statute and regulations requires contractors to comply with requirements that are intended to protect property owners (especially, homeowners). In addition, contractors are required to comply with many other statutes and regulations concerning contracts with federal, state and county governments.

The terms contained in construction contracts vary widely depending upon who has the most bargaining power, the type of construction project, and what forms the owner or contractor uses. Since most construction projects have problems, disputes arise in many of Hawaii’s construction projects.

Under Hawaii’s mechanic lien statute, contractors, subcontractors and material suppliers may apply for and obtain a lien on the real estate upon which improvements are built. When a lien is obtained, everyone’s interest in the property is affected.

Usually, a contractor is required to obtain a performance and payment. If a contractor does not finish the project, the surety under the performance bond finishes the project. If a contractor does not pay subcontractors or material suppliers, the surety under the payment bond will pay these subcontractors and material suppliers.

After a contractor finishes a project, a defect may become known to the owner. A defect may be in the improvements constructed or cause damage to other property or cause injuries to persons. An owner can recover damages for defects in the new improvements, damages to other property or injuries to persons from a contractor.

If you need help with any of your legal matters, to contact us, please call, e-mail or visit us. We are in Honolulu, Hawaii at: