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THE SENATE |
S.B. NO. |
2872 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE CONTRACTORS RECOVERY FUND.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. Section 444-26, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:
"(a) The board is authorized to establish and
maintain a contractors recovery fund from which any person injured by an act,
representation, transaction, or conduct of a duly licensed contractor, which is
in violation of this chapter or the rules adopted pursuant thereto, may recover
by order of the circuit court or district court of the judicial circuit where
the violation occurred, an amount of not more than [$12,500] $25,000
per contract, regardless of the number of persons injured under the contract,
for damages sustained by the act, representation, transaction, or conduct. Recovery from the fund shall be limited to
the actual damages suffered by the claimant, including court costs and fees as
set by law, and reasonable attorney fees as determined by the court; provided
that recovery from the fund shall not be awarded to persons injured by an act,
representation, transaction, or conduct of a contractor whose license was
suspended, revoked, forfeited, terminated, or in an inactive status at the time
the claimant entered into the contract with the contractor."
SECTION 2.
Section 444-34, Hawaii Revised Statutes, is amended to read as follows:
"§444-34 Maximum
liability. Notwithstanding any other
provision, the liability of the contractors recovery fund shall not exceed [$25,000]
$75,000 for any licensed contractor."
SECTION
3. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION
4. This Act shall take effect upon its
approval; provided that on June 30, 2023, this Act shall be repealed and
section 444-26 and section 444-34, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the
day before the effective date of this Act.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Contractors Recovery Fund; Recovery; Homeowner; Chapter 444
Description:
Increases the monetary amount an injured homeowner may recover from the Contractors Recovery Fund.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.