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Construction law

defects

A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In Hawaii, a construction defect is recognized as a deficiency in the design, specifications, surveying, planning, supervision, or construction of a building. This deficiency arises when the construction does not meet the reasonable standards of workmanship, or when it fails to conform to the building's plans and specifications, which reflect the owner's reasonable expectations. Hawaii Revised Statutes (HRS) Chapter 444, relating to the contractors' licensing law, and Chapter 672, relating to professional engineers, architects, surveyors, and landscape architects, provide regulatory frameworks for construction standards. Additionally, Hawaii's 'Right to Repair' law (HRS Chapter 672E) requires homeowners to notify contractors of alleged construction defects before filing a lawsuit, giving contractors the opportunity to offer repairs or settlements. The statutes of limitations and repose for construction defect claims are also defined under Hawaii law, typically requiring claims to be brought within a certain number of years from the date of discovery of the defect or from the completion of the construction.

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Construction law

defects

Individual & Family Legal Plan

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Hawaii State Code

Hawaii State Code

Construction law

defects

Articles