(a) The director shall suspend a person and firm as follows:

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Terms Used In Hawaii Revised Statutes 104-25

  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person furnishing construction for a public work under a contract with a governmental contracting agency, subcontractor, or any other person under a subcontract arrangement with any person who has a construction contract subject to this chapter. See Hawaii Revised Statutes 104-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 104-1
  • Governmental contracting agency: means the State, any county and any officer, bureau, board, commission, or other agency or instrumentality thereof. See Hawaii Revised Statutes 104-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Public work: means any project, including development of any housing pursuant to § 46-15 or chapter 201H and development, construction, renovation, and maintenance related to refurbishment of any real or personal property, where the funds or resources required or used to undertake the project are to any extent derived, either directly or indirectly, from public revenues of the State or any county, or from the sale of securities or bonds whose interest or dividends are exempt from state or federal taxes. See Hawaii Revised Statutes 104-1
(1) For a first or second violation, if a person or firm fails to pay wages found due or any penalty assessed, or both, the person and firm shall be immediately suspended from doing any work on any public work of a governmental contracting agency until all wages and penalties are paid in full;
(2) For a third violation, the suspension shall be as prescribed in section 104-24(c); provided that, if the person or firm continues to violate this chapter or fails to pay wages found due or any penalty assessed, or both, then the person and firm shall immediately be suspended from doing any work on any public work of a governmental contracting agency for a mandatory three-year period. If after the three-year suspension period the wages found due or penalties assessed are still unpaid, the suspension shall remain in force until payment is made in full; or
(3) For falsification of records, or for delay or interference with an investigation pursuant to section 104-22, the person and firm shall be immediately suspended for a period of three years.
(b) The director shall immediately notify the governmental contracting agency, comptroller, auditor or director of finance of the county, and, in the case of a suspended subcontractor, general contractor of any suspension order.
(c) No contract shall be awarded to the person and firm so suspended or to any firm, corporation, partnership, or association in which the person or firm has an interest, direct or indirect, until three years have elapsed from the date of suspension, unless the period of suspension is reduced or extended as herein provided. Any contract awarded in violation of this subsection shall be void.
(d) For purposes of this section, “person” shall have the same meaning as in section 104-24.

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