Chapter 444 — Chapter 444

§444-1 Definitions. As used in this chapter: "Board" means the contractors license board. "Chlorofluorocarbon" or "CFC" means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, …

§444-10 Investigation permitted. The contractors license board may investigate, classify, and qualify applicants for contractors licenses. [L 1957, c 305, §1(s 9); Supp, §166A-9; HRS §444-10]

§444-10.5 Citation for unlicensed activity. (a) In addition to any other remedy available, the investigator may issue citations to persons acting in the capacity of or engaging in the business of a contractor within the State, without having a license previously obtained under an…

§444-10.6 State of emergency or disaster; emergency licensure; penalties. (a) Notwithstanding any other provision of law to the contrary, the board may issue emergency contractor's licenses during a state of emergency or disaster duly declared by the governor under chapter 209 up…

§444-10.7 Enhanced penalties when elderly persons are targeted. If any person is found to have violated section 444-9 and the violation is committed against elderly persons, in addition to any other penalty set forth or imposed, the court may impose a fine of up to $20,000, or im…

§444-11 No license issued when. (a) No license hereunder shall be issued to: (b) Any license issued hereunder shall not be renewed if the licensee no longer meets any of the foregoing qualifications. (c) An application shall be considered abandoned if the application is not compl…

§444-11.1 Requirements to maintain license. (a) A licensed contractor shall have and maintain in full force and effect the following: (b) Failure, refusal, or neglect of any licensed contractor to maintain in full force and effect, the applicable workers' compensation insurance, …

§444-12 Application; fees. (a) Every applicant for a license under this chapter shall complete and file an application provided by the board and shall furnish any additional information bearing upon the issuance of the license as the board shall require. In the case of a partners…

§444-13 Form for licenses. The form of every license shall be prescribed by the contractors license board and shall be issued in the name of the board. [L 1957, c 305, §1(s 12); Supp, §166A-12; HRS §444-13]

§444-14 Place of business and posting of license. (a) A licensed contractor shall have, maintain, and operate from a definite place of business in the State and shall display therein his or her contractor's license. (b) The licensed contractor shall report any change of address o…

§444-15 Fees; biennial renewals; inactive license. (a) The biennial renewal fee or inactive license fee, and the recovery fund, education fund, and compliance resolution fund fees shall be paid to the board on or before September 30 of each even-numbered year. These fees shall be…

§444-16 Action on applications. Within one hundred and twenty days after the filing of a proper application for a license and the payment of the required fees, the board shall:

§444-16.5 Bond. The contractors license board may require each licensee, applicant, individual or corporate, who is a specialty contractor to put up bond in the sum of not less than $5,000 executed by the licensee or applicant as principal and by a surety company authorized to do…

§444-17 Revocation, suspension, and renewal of licenses. In addition to any other actions authorized by law, the board may revoke any license issued pursuant to this section, or suspend the right of a licensee to use a license, or refuse to renew a license for any cause authorize…

§§444-18 to 444-20 REPEALED. L 1992, c 202, §§200 to 202.

§444-2 Exemptions. This chapter shall not apply to:

§444-21 Death or dissociation. No copartnership, joint venture, or corporation shall be deemed to have violated any provision of this chapter by acting or assuming to act as a contractor after the death or dissociation of a licensee who had the direct management of the contractin…

§444-22 Civil action. The failure of any person to comply with any provision of this chapter shall prevent such person from recovering for work done, or materials or supplies furnished, or both on a contract or on the basis of the reasonable value thereof, in a civil action, if s…

§444-23 Violation; penalties. (a) Any licensee who contracts outside the appropriate scope of classification for which the licensee is licensed shall be fined $500 for the first offense, $1,000 for the second offense, and not less than $1,500 or more than $2,000 for any subsequen…

§444-23.5 Forfeiture of property for unlicensed activity. (a) If an investigator finds that a person has acted in the capacity of, or engaged in the business of a contractor within this State without having a current license as required by this chapter to so act or engage, and th…

§444-24 Injunction. The contractors license board may, in addition to any other remedies available, apply to a circuit judge for a preliminary or permanent injunction restraining any person from acting, or assuming to act, or advertising, as general engineering contractor, genera…

§444-25 Payment for goods and services. A contractor shall pay the contractor's subcontractor for any goods and services rendered within ten days after receipt of an invoice by the subcontractor that includes any supporting documents as required by the terms of the subcontract an…

§444-25.5 Disclosure; contracts. (a) Prior to entering into a contract with a homeowner, or at the time a homeowner signs a contract, involving home construction or improvements, licensed contractors shall: (b) All licensed contractors performing home construction or improvements…

§444-26 Contractors recovery fund; use of fund; person injured; fees. (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 that is in violat…

§444-27 Additional payments to fund. (a) At any time when the balance remaining in the contractors recovery fund is less than $250,000, the board may assess every contractor a fee not to exceed $500 annually for deposit in the contractors recovery fund. (b) The failure of any con…

§444-28 Statute of limitations; recovery from fund. (a) No action for an arbitration award or for a judgment which may subsequently result in an order for collection from the contractors recovery fund shall be commenced later than six years from the accrual of the cause of action…

§444-29 Management of fund. (a) The sums received by the contractors license board for deposit in the contractors recovery fund shall be held by the contractors license board in trust for carrying out the purposes of the contractors recovery fund. The contractors license board, a…

§444-3 Contractors license board. (a) There shall be a contractors license board of thirteen members. (b) Of the board members: (c) Each county shall be represented on the board. (d) No one, except the three noncontractor members, shall be eligible for appointment who does not at…

§444-33 Waiver of rights. The failure of an injured person to comply with all of the provisions of this chapter relating to the contractors recovery fund shall constitute a waiver of any right hereunder. [L 1973, c 170, pt of §1; am L 1977, c 127, §4]

§444-34 Maximum liability. Notwithstanding any other provision, the liability of the contractors recovery fund shall not exceed $25,000 for any licensed contractor. [L 1973, c 170, pt of §1; am L 1975, c 183, §2; am L 1983, c 201, §6]

§444-35 Disciplinary action against licensee. Nothing contained herein shall limit the authority of the contractors license board to take disciplinary action against any licensee for a violation of any of the provisions of chapter 444, or of the rules and regulations of the contr…

§444-4 Powers and duties of board. In addition to any other powers and duties authorized by law, the board shall:

§444-5 Other assistants. Subject to chapter 76 the department may employ and remove such administrative and clerical assistants as the contractors license board may require. [L 1957, c 305, §1 (pt of §4); am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; Supp, pt of §166A-4; am L …

§444-6 REPEALED. L 1992, c 202, §199.

§444-7 Classification. (a) For the purpose of classification, the contracting business includes any or all of the following branches: (b) A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized …

§444-8 Powers to classify and limit operations. (a) The contractors license board may adopt rules and regulations necessary to effect the classification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit…

§444-9 Licenses required. No person within the purview of this chapter shall act, or assume to act, or advertise, as general engineering contractor, general building contractor, or specialty contractor without a license previously obtained under and in compliance with this chapte…

§444-9.1 Issuance of building permits; owner-builder registration. (a) Each county or other local subdivision of the State which requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or struc…

§444-9.2 Advertising. (a) It is a misdemeanor for any person, including a person who is exempt by section 444-2 from this chapter, to advertise with or without any limiting qualifications as a contractor unless such person holds a valid license under this chapter for the goods an…

§444-9.3 Aiding or abetting. Aiding or abetting an unlicensed person to evade this chapter or knowingly combining or conspiring with an unlicensed person, or allowing one's license to be used by an unlicensed person, or acting as agent or partner or associate, or otherwise, of an…

§444-9.5 Performance of electrical and plumbing work; licensing of electrical and plumbing workers. (a) A person licensed as an electrical or plumbing contractor under this chapter may enter into contracts to perform electrical or plumbing work, respectively; provided that: (b) A…