HRS 0444-0002 ANNOTATIONS

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.

Promise by defendant to pay plaintiff for work performed and moneys expended established an employment relationship and took matter outside of chapter under paragraph (7). 58 H. 257, 567 P.2d 824.

While a member of the public who violates the owner-builder exemption under paragraph (7) (1993) by selling or leasing the subject property within one year of completion is subject to the sanctions imposed under paragraph (7), that party is not precluded from enforcing the underlying contract with an unlicensed contractor. 92 H. 117 (App.), 987 P.2d 1015.

 

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