summary
Introduced
01/15/2025
01/15/2025
In Committee
01/21/2025
01/21/2025
Crossed Over
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
Expands the required contents of a notice of claim of construction defect served on a contractor. Requires the claimant to provide actual evidence of the nature and cause of the construction defect and extent of necessary repairs along with the notice of claim to the extent the claimant has evidence. Amends the process and time frame for a claimant to accept a contractor's proposal to inspect and authorize the contractor to proceed with repairs. Limits the amount a claimant can recover if the claimant unreasonably rejects a contractor's proposal to inspect or an offer to remedy.
AI Summary
This bill aims to modify Hawaii's laws regarding construction defect claims by expanding the requirements and processes for filing such claims. The legislation requires that when a property owner (claimant) wants to file a construction defect claim, they must provide detailed, specific evidence about the nature and cause of the defect, including expert reports, photographs, and testing results. The bill introduces a more structured approach to resolving construction defect disputes by requiring claimants to first serve a comprehensive notice to the contractor, which must include precise details about the alleged defect. The contractor is then given opportunities to inspect the property, propose repairs, or offer monetary settlements. If a claimant unreasonably rejects a contractor's proposal to inspect or remedy the defect, the bill limits the claimant's potential recovery to the value of the original offer and can prevent the claimant from recovering attorneys' fees. The underlying motivation for these changes is to reduce insurance costs in the construction industry by creating a more balanced and deliberate process for addressing construction defects, which the legislature believes have contributed to rising housing costs in Hawaii.
Committee Categories
Business and Industry
Sponsors (1)
Last Action
Referred to CPN, JDC. (on 01/21/2025)
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=331&year=2025 |
BillText | https://www.capitol.hawaii.gov/sessions/session2025/bills/SB331_.HTM |
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