HRS 0444-0025_0005 ANNOTATIONS

As §480-12 voided the contract between homeowner and contractor, §§507-42 and 480-12 precluded the imposition of a §507-42 lien upon the homeowner's property by contractor who failed to comply with the requirements of this section. 96 H. 365 (App.), 31 P.3d 222.

In light of the purpose of this section and the specific duties it explicitly imposes on "any licensed contractor entering into a contract involving home improvements", the law does not permit a homeowner to waive his or her rights specified therein. 96 H. 365 (App.), 31 P.3d 222.

Subsection (d) and §480-12 do not preclude some recovery in quantum meruit from a homeowner by a contractor who fails to comply with the requirements of this section; the amount cannot exceed the amount that would have been due the general contractor under the contract had the contract not been void, less the amount previously paid the contractor and the total of the amount paid and owed to all subcontractors and materialmen. 96 H. 365 (App.), 31 P.3d 222.