2009 Hawaii Code
Volume 13
TITLE 36 - CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
CHAPTER 672E - CONTRACTOR REPAIR ACT
§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 statute of limitations on actions would prevent the refiling of an action, in which case the action shall be immediately stayed to provide the claimant with an opportunity to comply with this chapter, but for no longer than six months;

provided that the exceptions provided by this section to any specific requirement of this chapter shall not excuse a party from substantially complying with the remainder of the chapter. [L 2004, c 119, pt of §2]

 

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