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Hawaii Contracts Questions & Answers
0 Answers | Asked in Business Law, Construction Law, Contracts and Real Estate Law for Hawaii on
Q: Are there any structural defect laws regarding new condos (less than 5yrs old)

A crack in ceiling of condo stretching from one wall to another (approx 25’) which is the center of 2 load bearing walls. The condo is less than 5 years old. Is there any structural warranty laws or defect laws that would help us to get help in the repair or compensation of the problem.

1 Answer | Asked in Contracts and Business Law for Hawaii on
Q: CAN I JUST FIND A KIND OF COURT CASE , RATHER THAN GIVING PARTY NAME AND JUDGE? I NEED TO FIND CASE LAW ON A SUBJECT.
Tim Akpinar
Tim Akpinar
answered on Oct 31, 2024

A Hawaii attorney could advise best, but your question remains open for a week. It isn't fully clear what your setting is, whether you are a litigant in court, a student conducting legal research for educational purposes for a school assignment, or you're simply trying to resolve an... View More

1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Federal Crimes for Hawaii on
Q: in Hawaii State code 444–22 during covid & losing a contractors license mid job due to no payment by plaintiff what laws

contractor lost license due to nonpayment by company with a contract with to do work but they kept adding additional work all information is in the correspondence on email including a promise of payment not for filled and the person who promised stopped working there questionably as i the... View More

James L. Arrasmith
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answered on Sep 7, 2024

In your situation, several legal avenues could help you recover the unpaid amounts due to you, despite losing your contractor's license. Under Hawaii Revised Statutes (HRS) Chapter 444-22, a contractor may still have rights to collect payments for work completed before losing their license,... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Hawaii on
Q: If a tenant who is related to the landlord doesn't have a lease/rental agreement but pays rent what rights do they have?

My sister lives in the main house on my mom's property and my mom lives in the cottage. She does not have a rental/lease agreement but does pay monthly rent which basically covers the mortgage. Recently there have been issues with one of my sister's friends who is there almost everyday... View More

James L. Arrasmith
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answered on Mar 31, 2024

In this situation, even though your sister is a relative and doesn't have a formal lease agreement, she is still considered a tenant because she pays rent. As a landlord, your mother has the right to set reasonable rules and expectations for the use of her property.

Here are some steps...
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1 Answer | Asked in Business Law and Contracts for Hawaii on
Q: I have a contract (in English) from a surfboard company in Portugal. Is there anyone there familiar with Portugese law?

This contract seems fishy.

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

A Hawaii attorney could advise best, but your question remains open for two weeks. You may need to go outside this forum for guidance on Portuguese law - this is basically limited to U.S. law. Good luck

1 Answer | Asked in Contracts for Hawaii on
Q: Can I get help to get out of a contract? I have had a horrible experience with a solar panel company.

Firstly, the person who sold me them lied about what my electric bill would be. Secondly, they installed the system backwards, that made my electric bill triple it took them a year and a half to figure this out. Lastly, where they put the solar panels, I had terrible mold on my ceiling. They told... View More

Jacob Rheaume
Jacob Rheaume
answered on Mar 18, 2023

Hi Judy,

I'm terribly sorry this is happening to you. Without being able to review the contract, the advise that I (or anyone else) will be able to give you is limited.

That said, from what you say, I think you (most likely) have a very strong case arising under common law,...
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1 Answer | Asked in Real Estate Law and Contracts for Hawaii on
Q: Do I need to go over the disclosure after sending in my recission notice, which has been received by the timeshare

Contacted by rep. Says needs to go over disclosure to speed up transfer of funds. Downpayment

Mark Simonds
Mark Simonds
answered on Feb 12, 2022

Aloha, if your rescission was submitted in a timely manner, that effectively ends your contractual obligation with the seller. Assuming this is so, I am uncertain why they would require you to go over disclosures. Feel free to reach out to me should you need further assistance.

1 Answer | Asked in Contracts and Real Estate Law for Hawaii on
Q: My client who owns a home in the County of Hawaii passed away. The deed is only in his name and his wife wants to sell.

How do we get authority to sell and do we need to go through probate if there is not a will in place?

Tim Akpinar
Tim Akpinar
answered on Dec 11, 2020

A Hawaii attorney could best advise, but your post remains open for four weeks. You may want to repost this and add the categories Probate and Estate Planning. There's no guarantee that every question is picked up, but you could have better chances of a response with those additional... View More

1 Answer | Asked in Contracts for Hawaii on
Q: I work for a banquet facility. Is a drawn up banquet agreement legal and binding? Will it hold up in court?
Tim Akpinar
Tim Akpinar
answered on Sep 17, 2020

A Hawaii attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, if a contract is valid, it should be legal and binding. If it's a standard contract that has been used for years without being challenged and it contains the requirements of a valid... View More

2 Answers | Asked in Civil Litigation and Contracts for Hawaii on
Q: Can I oppose a motion to transfer from Hawaii small claims court to circuit court ?

I sued for $5,000 for failure to pay for hourly labor and equipment. He's counter suing for $96,000 , and has filed a motion to transfer to circuit court. This is for work preformed on a sailboat

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2020

A Hawaii attorney would be able to advise best, but your question remains open for three weeks. To remove from state court to federal district court, the party would generally need to establish a basis for subject matter in federal court. You could review the paperwork with a Hawaii attorney. That... View More

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1 Answer | Asked in Contracts, Government Contracts, Intellectual Property and Land Use & Zoning for Hawaii on
Q: Can I hire a paralegal instead of a lawyer for a lawsuit
Tim Akpinar
Tim Akpinar
answered on May 23, 2020

Someone familiar with the rules governing paralegals in Hawaii should answer your question, but your post remains open for four weeks. As a general matter without regard to jurisdiction, paralegals can perform many functions, such as research, preparing forms, investigating claims, etc. Paralegals... View More

1 Answer | Asked in Consumer Law and Contracts for Hawaii on
Q: I financed my vehicle through a dealership that was in cahoots with the financing co. In 2014. W/ 3 lawsuits

I have kept all my paperwork, payments everything and I recently found that 4 different states filed class action lawsuits against santander at least 3 of the, describe my situation and I can prove it all

Can I too file a lawsuit against the financing co and/or the dealership for the 1... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 30, 2019

If you really found four different states that filed class actions against a dealership, three of which sound like they are after the same relief you are you may have more (and cheaper) options than trying to sue them yourself. Try calling one of the law firms involved in the three similar cases.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: How often can a landlord access a tenants home before it's considered abusing their rights to enter?

I've been living in the residence for 9 mo and the owner has decided to sell. I have 3 months left on my contract and the owner all ready has 3 private viewings and an open house planned this week. In addition, the real estate agent hired by the homeowner plans on having an open house every... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

Reading between the lines of this question it appears clear that you were told upfront that the owner was going to sell the house they rented to you--because your lease has a clause in it that specifically authorizes the owner to show the place to prospective buyers. Turning to the several... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: Can an appeal be reversed and how many days do I have for a writ? Can the appeal be dismissed? Case be retried?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 20, 2019

You have stated no operative facts and asked four very different questions--all of which collectively might require a lawyer several hours to figure out and try to respond. No thanks.

1 Answer | Asked in Contracts, Lemon Law and Products Liability for Hawaii on
Q: I bought a car from a seller (LLC) and same day found defects he did not disclose, that I believe were known.

The seller and I both signed a bill of sale that stated the seller will disclose any known issues that would affect the condition or drive-ability of the vehicle. He did show an external fan switch but claimed it was due to "common fan problems in jeeps". The seller claimed "no... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 28, 2019

You certainly have enough reason to want to sue the seller; However, since it sounds like the car you purchased was made for off-road operation, I am certain that the seller will dispute everything you said and will blame the breakdown on your "driving (the Jeep) at freeway speeds for an... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Hawaii on
Q: Can a tenant terminate a commercial lease in hawaii if the business got robbed twice in 1 year?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 15, 2019

The answer is contained in the terms of your written lease.

1 Answer | Asked in Business Formation, Business Law, Contracts and Personal Injury for Hawaii on
Q: Do I need to have insurance if my online personal training client signs a liability release form and informed consent?

I am starting an online personal training and nutrition programming business, I am wondering which legal documents are required to protect me and if I need insurance if I have the client sign the correct documents.

Peter N. Munsing
Peter N. Munsing
answered on Feb 6, 2017

I hope you had a professional in insurance defense look at your release and waivers. The problems inherent in your business if you are doing nutrition, excercise, don't necessarily review doctor reports, especially if you don't have a degree in either are daunting. Insurance, being a... View More

1 Answer | Asked in Contracts for Hawaii on
Q: I have a client that wants to cancel contract because she is moving, do i have to let her go?
Zaher Fallahi
Zaher Fallahi
answered on Nov 18, 2013

If she can prove unconstitutionality, impossibility, misrepresentation, mistake, incapacity, fraud, she may rescind the contract.If you consent, she is Scott free and can leave.

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