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Committee advances construction-defect reform bill after partisan testimony from builders and homeowners' attorneys

February 01, 2025 | House Committee on Housing, House of Representatives, Legislative , Hawaii


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Committee advances construction-defect reform bill after partisan testimony from builders and homeowners' attorneys
The House Committee on Housing voted to advance HB 420, a measure that would revise remedies and claims procedures for construction defects, after extensive and often emotional testimony from builders, unions and homeowner advocates.

Supporters including the Hawaii Regional Council of Carpenters, Gentry Homes, D.R. Horton and several construction unions said the bill would reduce litigation that delays housing projects, raises costs and restricts lending for new developments. Debbie Looney of Gentry Homes said the measure would allow builders to more quickly fix defects and stabilize costs.

Opponents — including attorneys who represent homeowners and condominium associations — said the bill would unduly limit homeowners’ protections and reduce incentives to build safely. Attorney Kenneth Kazdan told the committee the bill would “do nothing to promote affordable housing” and argued it would reduce important remedies for homeowners. Attorney Terry Revere said parts of the proposal could encourage fraud by protecting developers who concealed defects until statutory deadlines passed.

Several witnesses and committee members debated technical elements of the state’s Contractor Repair Act and the statute of repose. Industry witnesses said the current process incentivizes premature litigation; defense counsel said the proposed tightened timelines could actually increase preemptive lawsuits in some cases. Practitioners asked the committee to send the bill forward for additional drafting in the subsequent committees (CPC and JHA) where staff attorneys can parse constitutional and procedural questions.

The committee advanced HB 420 with a defective date and requested further review of statutory time lines and due-process protections as the bill moves to other panels.

The vote moves HB 420 forward but leaves substantial policy and legal details to later drafting stages.

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Scribe from Workplace AI
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