2023 Hawaii Revised Statutes
Title 25. Professions and Occupations
444. Contractors
- 444-1 Definitions.
- 444-2 Exemptions.
- 444-2.5 Owner-builder exemption. (a) This chapter shall not apply to owners or lessees of property who build or improve residential or farm buildings or structures on property for their own use, or for use by their grandparents, parents, siblings, or children, and who do not offer the buildings or structures for sale or lease; provided that: (1) To qualify for an exemption under this section, the owner or lessee shall register for the exemption as provided in section 444-9.1; (2) The exemption under this section shall not apply to electrical or plumbing work that must be performed only by persons or entities licensed in accordance with this chapter, unless the owner or lessee of the property is licensed for such work under chapter 448E; (3) An owner or lessee exempted under this section shall: (A) Supervise the construction activity on the exempt buildings or structures; (B) Hire subcontractors appropriately licensed under this chapter to perform any part of the construction activity for which a license is required; (C) Ensure that any electrical or plumbing work is performed by persons and entities appropriately licensed under this chapter or chapter 448E; (D) Deduct Federal Insurance Contributions Act and withholding taxes and provide workers' compensation insurance for persons working on the construction activity who are not licensed under this chapter or chapter 448E and who shall be considered employees of the owner or lessee; and (E) Ensure that the construction activity complies with all applicable laws, ordinances, building codes, and zoning regulations; (4) Until completion of the construction activity, an owner or lessee exempted under this section shall make available the following records for immediate inspection upon request by the department: (A) A copy of the building permit application; (B) A copy of the issued building permit; (C) Copies of all contracts with the names of all persons who performed or are performing work on the exempt buildings and structures; and (D) Proof of payment to all persons contr
- 444-3 Contractors license board.
- 444-4 Powers and duties of board.
- 444-5 Other assistants.
- 444-6 REPEALED.
- 444-7 Classification.
- 444-7.5 Asbestos contractors.
- 444-8 Powers to classify and limit operations.
- 444-9 Licenses required.
- 444-9.1 Issuance of building permits; owner-builder registration.
- 444-9.2 Advertising.
- 444-9.3 Aiding or abetting.
- 444-9.5 Performance of electrical and plumbing work; licensing of electrical and plumbing workers
- 444-10 Investigation permitted.
- 444-10.5 Citation for unlicensed activity.
- 444-10.6 State of emergency or disaster; emergency licensure; penalties.
- 444-10.7 Enhanced penalties when elderly persons are targeted.
- 444-11 No license issued when.
- 444-11.1 Requirements to maintain license.
- 444-12 Application; fees.
- 444-13 Form for licenses.
- 444-14 Place of business and posting of license.
- 444-15 Fees; biennial renewals; inactive license.
- 444-16 Action on applications.
- 444-16.5 Bond.
- 444-17 Revocation, suspension, and renewal of licenses.
- 444-18 to 444-20 REPEALED.
- 444-21 Death or dissociation.
- 444-22 Civil action.
- 444-23 Violation; penalties.
- 444-23.5 Forfeiture of property for unlicensed activity.
- 444-24 Injunction.
- 444-25 Payment for goods and services.
- 444-25.5 Disclosure; contracts.
- 444-25.7 Roofing contractors guarantee bond.
- 444-26 Contractors recovery fund; use of fund; person injured; fees.
- 444-27 Additional payments to fund.
- 444-28 Statute of limitations; recovery from fund.
- 444-29 Management of fund.
- 444-30 False statement.
- 444-31 The contractors license board has standing in court.
- 444-32 Subrogation to rights of creditor.
- 444-33 Waiver of rights.
- 444-34 Maximum liability.
- 444-35 Disciplinary action against licensee.
- 444-36 Prosecution of criminal violations.
Cross References
Sunset evaluations modified, see 26H-4 and 26H-5.
Contractor repair act, see chapter 672E.
Case Notes
Defendant's motion to dismiss denied; because it was feasible that plaintiff's actions constituted that of a "professional engineer acting solely in [its] professional capacity", it was not apparent that [this chapter] barred plaintiff from bringing lawsuit. 216 F. Supp. 2d 1133 (2001).
Applying the ordinary meaning of "incidental and supplemental" to subsection (c), the legislature meant to provide specialty contractors with a limited ability to perform work outside of their licensed specialty area. However, the "incidental and supplemental" work must not make up the majority of the project, and must instead be "subordinate" and in addition to licensed work "of greater importance"; thus, contractors license board's refusal to consider cost and extent of work done by petitioner when determining whether that work qualified as "incidental and supplemental" was plainly erroneous in light of the clear meaning of "incidental and supplemental" in subsection (c). 129 H. 281, 298 P.3d 1045 (2013).
Where plaintiffs had no standing, as a labor union and subcontractor, to invoke the provisions of the procurement code because they were neither contractors nor bidders for the contract in question, and neither the procurement code nor this chapter authorized the circuit court to grant the remedies plaintiffs sought, and the court was presented with no other basis for granting the requested relief, the court correctly dismissed the suit. 121 H. 182 (App.), 216 P.3d 108 (2009).