IRT AhiPoke, the continued problem is the "system" of design and construction for the State of Hawaii.  Many times, the architect or engineer designs the project and his or her responsibility ends.  The State'sw architect or engineer takes over for the administration of the construction.  Now, this is where the problems enter.  The original designer is no longer on board, and the State has no idea about the actual construction.  In the litigation, I believe the General Contractor will prevail.  They have the approved paper trail on all the construction challenges and change orders, in detail.  Now enter the user, HawaiianAir.  I am willing to wager that HawaiianAir has its fingers in the dispute between the General Contractor and the State.  If HawaiianAir begin to use the facility without final inspections and signed off, they and the State bought the project.