672E-8 Statute of limitations on actions exception.
§672E-8 Statute of limitations on actions exception. If an applicable statute of limitation or repose would preclude an action after the notice of claim has been served but before the dispute is resolved under this chapter, the claimant may file an action against the contractor but the action shall be immediately stayed pending the contractor’s […]
672E-9 Additional construction defects.
§672E-9 Additional construction defects. A construction defect discovered after the notice of claim is served may not be alleged in an action until the claimant has given the contractor: (1) A written notice of claim regarding the alleged defect under section 672E-3; and (2) An opportunity to repair the construction defect or reject the notice […]
672E-10 Release.
§672E-10 Release. If the parties resolve the claim in whole or in part, the claimant shall be barred from bringing an action for the resolved claims. [L 2004, c 119, pt of §2]
672E-11 Contract of sale; provisions.
§672E-11 Contract of sale; provisions. (a) Upon entering into a contract for sale of a new structure or the construction or substantial remodeling of a premises, the seller of the new structure shall provide to the purchaser of the new structure, and the contractor of the construction or substantial remodeling of the premises shall provide […]
672E-12 Other actions.
§672E-12 Other actions. This chapter shall not interfere with a contractor’s right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant. [L 2004, c 119, pt of §2]
672B-14 Immunity of panel members from liability.
§672B-14 Immunity of panel members from liability. No member of a design claim conciliation panel shall be liable in damages for libel, slander, or other defamation of character of any party to a design claim conciliation panel proceeding for any action taken or any decision, conclusion, finding, or recommendation made by the member while acting […]
672E-13 Dismissal without prejudice.
§672E-13 Dismissal without prejudice. The court or arbitrator shall dismiss, without prejudice, any action failing to meet the requirements of this chapter, unless: (1) The failure to meet the requirements is the direct result of the wrongful conduct of another party; (2) Circumstances beyond the control of the party prevented compliance; or (3) An applicable […]
672B-15 Statute of limitations tolled.
§672B-15 Statute of limitations tolled. The filing of the claim with the design claim conciliation panel or with an approved alternative dispute resolution provider shall toll any applicable statute of limitations, and any such statute of limitations shall remain tolled until sixty days after the date of the decision of the panel or the notification […]
673-1 Waiver of immunity.
§673-1 Waiver of immunity. (a) The State waives its immunity for any breach of trust or fiduciary duty resulting from the acts or omissions of its agents, officers and employees in the management and disposition of trust funds and resources of: (1) The Hawaiian home lands trust under article XII, sections 1, 2, and 3 […]
672B-16 Duty to cooperate; assessment of costs and fees.
§672B-16 Duty to cooperate; assessment of costs and fees. [(a)] It shall be the duty of every person who files a claim with the design claim conciliation panel, every design professional against whom the claim is made, and every insurance carrier or other person providing professional tort liability insurance for the design professional, to cooperate […]