(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:

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Terms Used In Hawaii Revised Statutes 444-25.5

  • Board: means the contractors license board. See Hawaii Revised Statutes 444-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person who by oneself or through others offers to undertake, or holds oneself out as being able to undertake, or does undertake to alter, add to, subtract from, improve, enhance, or beautify any realty or construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement, or do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. See Hawaii Revised Statutes 444-1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Sale: means any arrangement between two or more persons as a result of which there is, or is to be, a transfer of property for a consideration. See Hawaii Revised Statutes 444-1
(1) Explain verbally in detail to the homeowner all lien rights of all parties performing under the contract, including the homeowner, the contractor, any subcontractor, or any materialman supplying commodities or labor on the project;
(2) Explain verbally in detail the homeowner’s option to demand bonding on the project, how the bond would protect the homeowner, and the approximate expense of the bond; and
(3) Disclose all information pertaining to the contract and its performance and any other relevant information that the board may require by rule.
(b) All licensed contractors performing home construction or improvements shall provide a written contract to the homeowner. The written contract shall:

(1) Contain the information provided in subsection (a) and any other relevant information that the board may require by rule;
(2) Contain notice of the contractor’s right to resolve alleged construction defects prior to commencing any litigation in accordance with section sale; provisions” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>672E-11;
(3) Be signed by the contractor and the homeowner; and
(4) Be executed prior to the performance of any home construction or improvement.
(c) For the purpose of this section, “homeowner” means the owner or lessee of residential real property, including owners or lessees of condominium or cooperative units, notwithstanding owner-builder status.
(d) Any violation of this section shall be deemed an unfair or deceptive practice and shall be subject to provisions of chapter 480, as well as the provisions of this chapter.

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