Bill > HB420

This bill clarifies and updates Hawaii's laws regarding construction defect claims, statute of limitations, and legal procedures for resolving disputes between property owners and contractors. Specifically, the bill expands the statute of repose (a legal time limit for filing claims) to explicitly cover contract, tort, and statutory claims, extending the period to ten years after substantial completion of a construction project. The bill defines substantial completion as either the issuance of a certificate of occupancy or the filing of a notice of completion with the circuit court. The legislation also provides more detailed requirements for how property owners must file a notice of claim, including specific descriptions of construction defects and, if possible, evidence like photographs or test results. The bill establishes a structured process for contractors to respond to claims, including opportunities to inspect the property, offer repairs or settlements, and attempt mediation. Additionally, the bill allows claimants to file lawsuits to preserve their legal rights if the statute of limitations would otherwise expire during the claims process, but limits this to no more than six months before the end of the limitation period. These changes aim to provide clearer guidelines and a more standardized approach to resolving construction defect disputes while protecting the rights of both property owners and contractors.

Business and Industry, Housing and Urban Affairs, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=420&year=2025