Title: Hawaii Complaint for Subcontractor against Contractor and Surety: Understanding Your Rights and Legal Remedies Keywords: Hawaii, complaint, subcontractor, contractor, surety, legal remedies Introduction: In Hawaii, subcontractors have legal recourse when facing issues with contractors and their sureties. This article aims to provide a detailed description of the different types of Hawaii complaints that subcontractors can file against contractors and sureties, ensuring you understand your rights and potential legal remedies. 1. Hawaii Complaint for Nonpayment: One common type of complaint filed by subcontractors in Hawaii is nonpayment. If a subcontractor hasn't received the agreed-upon payment for their work, they can file a complaint against both the contractor and the surety. This complaint seeks to enforce payment obligations, protecting the subcontractor's financial interests. 2. Hawaii Complaint for Breach of Contract: Subcontractors may encounter situations where the contractor fails to fulfill their contractual obligations, such as providing supplies, equipment, or timely project completion. In such cases, subcontractors can file a complaint against the contractor and surety for breach of contract, seeking compensation and resolution. 3. Hawaii Complaint for Abandonment: Subcontractors may face hardships when contractors abandon a project, leaving the subcontractors stranded with unpaid bills and unfinished work. By filing a complaint against the contractor and surety for abandonment, subcontractors can secure their rights and financial interests. 4. Hawaii Complaint for Negligence: In situations where a contractor's negligence causes injuries to a subcontractor or their workers, a complaint for negligence can be filed against both the contractor and surety. This complaint aims to seek compensation for damages, medical expenses, and lost wages. 5. Hawaii Complaint for Fraud: If a subcontractor is misled by false representations, fraudulent documents, or intentional misrepresentation of facts by the contractor or surety, they may file a complaint for fraud. This complaint aims to seek compensation for damages caused by the fraudulent actions, including monetary losses and potential harm to the subcontractor's reputation. 6. Hawaii Complaint for Violation of Prompt Payment Laws: Subcontractors are protected by Hawaii's Prompt Payment laws, which mandate timely payment for completed work. If a contractor or surety violates these laws, the subcontractor can file a complaint seeking enforcement of prompt payment rights and any associated penalties. Conclusion: Understanding the various types of Hawaii complaints that subcontractors can file against contractors and sureties is crucial for protecting their rights and financial interests. Whether it's nonpayment, breach of contract, abandonment, negligence, fraud, or prompt payment violations, subcontractors should consult with legal professionals to assess their situation and pursue the appropriate legal remedies.
Hawaii Complaint regarding Subcontractor against contractor and surety
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If you come across a person or business that is engaged in or offering to do contracting work but you discover that the person or business does not hold a contractor's license, please notify the Regulated Industries Complaints Office at 587-4272 or call toll-free 1-800-394-1902.
Deal with the sub's underperformance ASAP. ... External Factors Have to Be Understood First. ... Know what motivates the subcontractors. ... Create performance goals together. ... Reward Improvements. ... Arrange a Follow-up Process. ... Execute Subcontractor Performance Assessments.
How to Deal With a Bad Contractor Fire the Contractor. Firing your contractor may seem obvious, but it's not an easy step when things go seriously wrong. ... Request a Hearing. ... Hire an Attorney. ... Take Your Case to Small Claims Court. ... File Complaints and Bad Reviews.
The exemption provided in section 444-2.5, Hawaii Revised Statutes, allows you, as the owner or lessee of your property, to act as your own general contractor even though you do not have a license. You must supervise the construction yourself. You must also hire licensed subcontractors.
All these tools help you to respect the 5 rules for a good management of subcontracting in the construction industry. Plan and define the needs in subcontracting. ... Choosing the right outsourcing company. ... Follow the regulations. ... Establish a solid process. ... Choose the right tools & software.
Learn what to do if your contractor is threatening or bullying you. Communicate and Document Everything in Writing. ... Refer to Your Agreement and Modify if Needed. ... Reach Out for Help. ... Withhold Payments. ... 5. Mail a Registered Letter. ... Seek Arbitration. ... File Through Small Claims Court. ... Part Ways.
There is a combined 2-year statute of limitations/10-year statute of repose for all construction-related claims that cause injury to persons or property. Haw. Rev. Stat.
Always inform your contractor in writing that they are at risk of breach of contract. File a complaint with your local state licensing board. When a contractor receives enough complaints, the board can choose to publish this info. You can attempt to resolve any issues by opting for arbitration or mediation.