All Roll Calls
Yes: 209 • No: 5
HawaiiHB 4202025–2026 Regular Session (Year 1)HouseWALLET
RELATING TO REMEDIES.
Sponsored By: Luke A. Evslin (Democratic)
Signed by Governor
Summary
Clarifies that the statute of repose applies to contract, tort, and statutory claims. Clarifies the required contents of a notice of claim of a construction defect served on a contractor. Clarifies the process and time frame by which a claimant may accept or reject a contractor's offer to settle and authorize repairs. Clarifies the mediation process for construction defect claims. Clarifies the statute of limitation or repose for construction defect claims. (CD1)
Contractor Repair ActStatute of ReposeNotice of ClaimInspectionRepairRejection of ClaimsConstruction DefectMediationStatute of LimitationsCPN, JDC
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 1 costs, 3 mixed.
Unresolved construction claims require mediation
All parties must try mediation when the earlier repair or settlement process does not resolve a construction-defect claim. They are not required to mediate more than once. Mediation must finish within 12 months after the claim notice is filed, unless both sides agree or a court orders otherwise.
Construction claims face deadlines and safeguards
Hawaii sets a 10-year outside deadline after an improvement's completion for construction-related damage claims, including contract, tort, and statutory claims. Shorter deadlines still apply, including six-year and two-year limits under existing laws. Covered work includes planning, design, construction, supervision, administration, and observation of construction. Completion means substantial completion or abandonment; substantial completion uses the earlier occupancy certificate or required completion-notice filing. Each building or improvement in a larger project has its own deadline. The outside limit excludes negligent repair or maintenance claims against owners or others with a property interest, and surveyors' own boundary-survey errors. Product liability rules remain unchanged. When a deadline falls during the required dispute process, claimants can file a case within the final six months before that deadline. The case is immediately paused for the contractor's repair opportunity or mediation. Written claim notice must be served before the limitation period expires; this protection does not revive expired claims.
Construction settlement offers carry cost risks
Claimants have 30 or 45 days to answer a contractor's repair or settlement offer, depending on the applicable response rule. Offers must warn that no written answer by the deadline counts as rejection. A contractor's failure to send a required offer or statement counts as refusing to proceed further. Unaccepted settlement offers expire at the applicable deadline; later offers expire 10 days after service. If a later judgment or award is no better than the offer, its recipient must pay the offering party's costs incurred afterward. An unaccepted offer cannot be used as evidence except to decide who can recover costs.
Property claimants must allow defect inspections
Claimants must give contractors written notice at least 90 days before filing a construction-defect lawsuit. Notice must describe the defect and damage in detail; saying a defect might exist is not enough. Claimants must share available evidence of the defect, its cause, and needed repairs, including photos, videos, or tests they obtained. Claimants must accept an inspection proposal within 30 days, then arrange the inspection within another 30 days unless both sides agree otherwise. Claimants must provide reasonable access, including additional access for further testing. Inspection and testing must finish within nine months of the contractor's request, unless both sides agree or a court orders otherwise. Condominium associations have 45 days to provide access, with reasonable extra time when needed access to an individual unit is unavailable. Contractors can inspect each dwelling or unit involved in a multi-unit claim. Testing that damages property requires advance notice, and contractors must restore the property to its pre-testing condition.
Sponsors & Cosponsors
Sponsor
Luke A. Evslin
Democratic • House
Cosponsors
Darius K. Kila
Democratic • House
Lisa Kitagawa
Democratic • House
Matthias Kusch
Democratic • House
Scot Z. Matayoshi
Democratic • House
Adrian K. Tam
Democratic • House
Roll Call Votes
House vote • 4/30/2025
House Floor Vote
Yes: 49 • No: 0
Senate vote • 4/23/2025
The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS....
Yes: 4 • No: 0
House vote • 4/23/2025
The Conference Committee recommends that the measure be Passed, with Amendments....
Yes: 5 • No: 0
Senate vote • 4/8/2025
Senate Floor Vote
Yes: 25 • No: 0
Senate vote • 4/3/2025
The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENT...
Yes: 5 • No: 0
Senate vote • 3/19/2025
The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENT...
Yes: 4 • No: 0
House vote • 3/4/2025
House Floor Vote
Yes: 48 • No: 1
House vote • 2/26/2025
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The ...
Yes: 9 • No: 0
House vote • 2/12/2025
The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The ...
Yes: 5 • No: 2
House vote • 2/6/2025
Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC...
Yes: 48 • No: 2
House vote • 1/31/2025
The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS. The ...
Yes: 7 • No: 0
Actions Timeline
Act 308, 07/09/2025 (Gov. Msg. No. 1421).
7/9/2025SenateAct 308, on 07/09/2025 (Gov. Msg. No. 1421).
7/9/2025HouseReceived notice of passage on Final Reading in House (Hse. Com. No. 821).
5/2/2025SenateReceived notice of Final Reading (Sen. Com. No. 888).
5/1/2025HouseTransmitted to Governor.
5/1/2025HousePassed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.
4/30/2025SenatePassed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2).
4/30/2025HouseReported from Conference Committee (Conf Com. Rep. No. 41) as amended in (CD 1).
4/24/2025HouseForty-eight (48) hours notice Wednesday, 04-30-25.
4/24/2025HouseReported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 41).
4/24/2025Senate48 Hrs. Notice (as amended CD 1) 04-30-25
4/24/2025SenateThe Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Keohokalole, Rhoads, Fukunaga, Richards; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.
4/23/2025SenateThe Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Evslin, Matayoshi, Tarnas, Miyake, Pierick; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.
4/23/2025HouseConference committee meeting scheduled for 04-23-25 1:35PM; Conference Room 224.
4/22/2025SenateSenate Conferees Appointed: Keohokalole Chair; Rhoads Co-Chair; Fukunaga, Richards, Awa.
4/17/2025SenateReceived notice of Senate conferees (Sen. Com. No. 826).
4/17/2025HouseReceived notice of appointment of House conferees (Hse. Com. No. 732).
4/15/2025SenateHouse Conferees Appointed: Evslin, Matayoshi, Tarnas Co-Chairs; Miyake, Pierick.
4/14/2025HouseReceived notice of disagreement (Hse. Com. No. 704).
4/11/2025SenateHouse disagrees with Senate amendment (s).
4/10/2025HouseReport adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.
4/8/2025SenateReturned from Senate (Sen. Com. No. 632) in amended form (SD 2).
4/8/2025HouseReported from JDC (Stand. Com. Rep. No. 1840) with recommendation of passage on Third Reading, as amended (SD 2).
4/4/2025Senate48 Hrs. Notice 04-08-25.
4/4/2025SenateThe committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
4/3/2025Senate
Bill Text
Bill Text
HB420_CD1
HB420_HD1
HB420_HD2
HB420_HD3
HB420_SD1
HB420_SD2
Original
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