HRS 0444-0022 ANNOTATIONS

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.

Action to recover under this section not barred when circumstances take matter outside applicability of this chapter. 58 H. 257, 567 P.2d 824.

Applicable even if party has knowledge that contractor has no license. 71 H. 175, 785 P.2d 1325.

Section permits a contractor, who performs both licensed and unlicensed work, to bring an action to recover payment for the licensed portion of the work. 86 H. 137 (App.), 948 P.2d 558.

A contract with an unlicensed contractor is not void ab initio and this section does not bar a member of the public, who is a party to such contract, from bringing suit to recover breach of contract damages from an unlicensed contractor. 92 H. 117 (App.), 987 P.2d 1015.