Construction law is a general reference to various areas of law as applied to the design, engineering, and construction of buildings—including residential buildings and commercial buildings—as well as bridges, roads, pipelines, railroads, water transmission and distribution systems, electrical power transmission systems, sewerage systems, and other structures.
In addition to the law governing the filing and removal of mechanic’s and materialmen’s liens (also known as contractor liens), construction law includes contract law, employment law, personal injury law, insurance law, zoning law, and real estate law.
In Hawaii, construction law encompasses a wide range of legal areas as they relate to the construction industry. This includes the creation and enforcement of construction contracts, which detail the rights and obligations of parties involved in construction projects. Hawaii Revised Statutes (HRS) Chapter 444 outlines the licensing requirements for contractors, ensuring they meet certain standards. Regarding mechanic's and materialmen's liens, HRS Chapter 507 provides the framework for filing and enforcing these liens, which secure payment for contractors and suppliers. Employment law aspects, such as labor relations, workplace safety, and workers' compensation, are governed by both state and federal regulations. Personal injury claims arising from construction sites are handled under tort law principles, with state statutes defining negligence and liability. Insurance law is crucial in construction to manage risks, and policies must comply with state insurance regulations. Zoning and land use laws, found in various county ordinances, regulate the development of construction projects, while real estate law addresses the transactions and disputes related to property involved in construction. Each of these areas of law works together to provide a legal framework for the construction industry in Hawaii.