reglab/housing_qa huggingface dataset:
HI Rev Stat § 672B-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-13 Submission of claim to an alternative dispute resolution provider.

  §672B-13 Submission of claim to an alternative dispute resolution provider. (a) Any claim initially filed with the design claim conciliation panel may be subsequently submitted to an alternative dispute resolution provider upon the written agreement of all of the parties to the claim and with the written approval of the director. The director shall approve the alternative dispute resolution provider and the alternative dispute resolution procedures.  (b) The parties shall comply with the procedures established by the alternative dispute resolution provider and approved by the director. If a party does not comply with those procedures, any other party may file a motion with the director to have the claim resubmitted to the design claim conciliation panel.  (c) Within thirty days after the completion of the alternative dispute resolution process, the alternative dispute resolution provider shall notify all parties concerned, their counsel, and the representative of each design professional's liability insurance carrier authorized to act for the carrier, as appropriate, that the alternative dispute resolution process has been completed.  (d) The claimant may institute litigation based upon the claim in an appropriate court only if:  (1) The parties were not able to resolve the entire claim through the alternative dispute resolution process and the matter has not been resubmitted to the design claim conciliation panel pursuant to subsection (b); or  (2) The claim has not been resolved through the alternative dispute resolution process after twelve months from the date the claim was filed with the approved alternative dispute resolution provider.  (e) No statement made in the course of the approved alternative dispute resolution process shall be admissible in evidence as an admission, to impeach the credibility of a witness, or for any other purpose in any trial of the action. No decision, conclusion, finding, or recommendation of the approved alternative dispute resolution provider on the issue of liability or on the issue of damages shall be admitted into evidence in any subsequent trial, nor shall any party to the approved alternative dispute resolution hearing, their counsel, or other representative of the party, refer or comment thereon in an opening statement, in an argument, or at any time, to the court or jury. [L 2007, c 207, pt of §2]
HI Rev Stat § 672B-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-14 Immunity of panel members from liability.

  §672B-14 Immunity of panel members from liability.  No member of a design claim conciliation panel shall be liable in damages for libel, slander, or other defamation of character of any party to a design claim conciliation panel proceeding for any action taken or any decision, conclusion, finding, or recommendation made by the member while acting within the member's capacity as a member of a design claim conciliation panel under this chapter. [L 2007, c 207, pt of §2]
HI Rev Stat § 672B-15 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-15 Statute of limitations tolled.

  §672B-15 Statute of limitations tolled. The filing of the claim with the design claim conciliation panel or with an approved alternative dispute resolution provider shall toll any applicable statute of limitations, and any such statute of limitations shall remain tolled until sixty days after the date of the decision of the panel or the notification of completion from the approved alternative dispute resolution provider is mailed or delivered to the parties. If a decision by the design claim conciliation panel is not reached within twelve months, or the alternative dispute resolution process is not completed within twelve months, the statute of limitations shall resume running and the party filing the claim may commence a suit based on the claim in any appropriate court of this State. The panel or the approved alternative dispute resolution provider shall notify all parties in writing of this provision. [L 2007, c 207, pt of §2]
HI Rev Stat § 672B-16 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-16 Duty to cooperate; assessment of costs and fees.

  §672B-16 Duty to cooperate; assessment of costs and fees.  [(a)] It shall be the duty of every person who files a claim with the design claim conciliation panel, every design professional against whom the claim is made, and every insurance carrier or other person providing professional tort liability insurance for the design professional, to cooperate with the design claim conciliation panel for the purpose of achieving a prompt, fair, and just disposition or settlement of the claim; provided that cooperation shall not prejudice the substantive rights of those persons.  [(b)] Any party may apply to the panel to have the costs of the action assessed against any party for failure to cooperate with the panel. The panel may award costs, or a portion thereof, including attorney's fees, witness fees, including those of expert witnesses, filing fees, and costs of the design claim conciliation panel hearing to the party applying therefor.  [(c)] In determining whether any person has failed to cooperate in good faith, the panel shall consider, but is not limited to, the following:  (1) The attendance of the persons at the hearing of the design claim conciliation panel;  (2) The extent to which representatives of parties and counsel representing parties came to panel hearings with knowledge of the claims and defenses and authority to negotiate a settlement or other disposition of the claim;  (3) The testimony of members of the panel as to the facts of the person's participation in the panel hearing;  (4) The extent of the person's cooperation in providing the panel with documents and testimony called for by the panel;  (5) The reasons advanced by the person so charged for not fully cooperating or negotiating; and  (6) The failure of the person to submit any required fees to the department, as required by this chapter.  [(d)] The party against whom costs are awarded may appeal the award to the circuit court. The court may affirm or remand the case with instructions for further proceedings, or it may reverse or modify the award if the substantial rights of the petitioners may have been prejudiced because the award is characterized as an abuse of discretion. [L 2007, c 207, pt of §2]
HI Rev Stat § 672B-17 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-17 Annual report.

  §672B-17 Annual report. The director shall prepare and submit to the legislature annually, no later than twenty days prior to the convening of each regular session, a report containing the director's evaluation of the operation and effects of this chapter. The report shall include a summary of the claims brought before the design claim conciliation panel and the disposition of the claims, a description and summary of the work of the panel under this chapter, an appraisal of the effectiveness of this chapter in securing prompt and fair disposition of design tort claims, a review of the number and outcomes of claims brought under section 672B-5 and recommendations for changes, modifications or repeal of this chapter or parts thereof with accompanying reasons and data. [L 2007, c 207, pt of §2]
HI Rev Stat § 672E-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-1 Definitions.

 §672E-1 Definitions.  The following terms, whenever used in this chapter, shall have the following meanings, unless a different meaning clearly appears in context:  "Action" means any civil proceeding, including but not limited to arbitration, in which damages or other relief may be awarded or enforced with respect to an alleged construction defect.  "Association" means a nonprofit, incorporated, or unincorporated organization upon which responsibilities are imposed and authority is granted in the organization's declaration or bylaws.  "Claim" means any notice of claim by a claimant to a contractor of a construction defect.  "Claimant" means any person, entity, partnership, corporation, or association asserting a claim concerning an alleged construction defect.  "Common area" means real property within a planned community that is owned or leased by the association or is otherwise available for the use of its members or designated as common area in or pursuant to the association's declaration or bylaws.  "Construction defect" means a deficiency in, or arising out of, the design, specifications, surveying, planning, construction, supervision, or observation of construction of a dwelling or premises.  "Contractor" means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, manufacturing, supplying products, developing, or constructing a dwelling.  "Dwelling" means a single-family house, duplex, or multi-family unit designed for residential use, including common areas and improvements that are owned or maintained by an individual, association, or other entity.  "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.  "Planned community" means a common interest community, including condominiums and cooperative housing corporations, and excluding time share plans.  "Premises" means a dwelling, including common areas and improvements that are owned or maintained by any person, firm, partnership, corporation, association, or other organization. "Premises" includes the systems, other component improvements, other structures, or recreational facilities appurtenant to, but not necessarily a part of, the dwelling or facility.  "Service" means personal service or delivery by certified mail, return receipt requested, to the last known address of the addressee. [L 2004, c 119, pt of §2; am L 2007, c 22, §2]
HI Rev Stat § 672E-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-2 Applicability.

 §672E-2 Applicability. All claimants filing an action alleging construction defects shall comply with this chapter; provided that this chapter shall not apply to any actions that include claims for personal injury or death. [L 2004, c 119, pt of §2]
HI Rev Stat § 672E-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-3 Notice of claim of construction defect.

  §672E-3 Notice of claim of construction defect. (a) A claimant, no later than ninety days before filing an action against a contractor, shall serve the contractor with a written notice of claim. The notice of claim shall describe the claim in detail and include the results of any testing done. The notice of claim shall not constitute a claim under any applicable insurance policy and shall not give rise to a duty of any insurer to provide a defense under any applicable insurance policy unless and until the process set forth in section 672E-5 is completed. Nothing in this chapter shall in any way interfere with or alter the rights and obligations of the parties under any liability policy.  (b) A contractor served with a written notice of claim shall serve any other appropriate subcontractor with notice of the claim. The contractor's notice shall include the claimant's written notice of claim.  (c) After serving the notice of claim, a claimant shall give to the contractor reasonable prior notice and an opportunity to observe if any testing is done. [L 2004, c 119, pt of §2]
HI Rev Stat § 672E-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-5 Written notice of acceptance; access to premises.

 §672E-5 Written notice of acceptance; access to premises. (a) The claimant, within thirty days after receipt of a contractor's settlement offer, may accept any offer by serving the contractor with a written notice of acceptance; provided that an association shall have forty-five days to respond. If no written notice of acceptance is served, the settlement offer shall be deemed rejected.  (b) If a claimant accepts a contractor's offer to repair, the claimant shall provide unfettered access to perform and complete the construction within the timetable stated in the settlement offer. [L 2004, c 119, pt of §2; am L 2005, c 22, §43]
HI Rev Stat § 672E-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-6 Offer of settlement

  §672E-6 Offer of settlement. Any time after the service of the notice of claim, any party may serve an offer of settlement. If the offer is accepted, the parties shall be deemed to have resolved the claim in whole or in part pursuant to the offer. An offer not accepted within ten days after service shall be deemed withdrawn and evidence thereof is not admissible except to determine costs. If the judgment or award obtained in a subsequent proceeding is not more favorable than the offer, the offeree shall pay the costs incurred by the offeror after the making of the offer. The fact that an offer is made and not accepted does not preclude a subsequent offer. [L 2004, c 119, pt of §2]
HI Rev Stat § 672E-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-7 Mediation.

  §672E-7 Mediation. If the parties are unable to resolve the claim pursuant to section 672E-5 or 672E-6, all parties shall attempt to resolve the dispute through mediation, even if mediation is not otherwise ordered or mandated by contract or by law. [L 2004, c 119, pt of §2]
HI Rev Stat § 672E-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-8 Statute of limitations on actions exception.

  §672E-8 Statute of limitations on actions exception. If an applicable statute of limitation or repose would preclude an action after the notice of claim has been served but before the dispute is resolved under this chapter, the claimant may file an action against the contractor but the action shall be immediately stayed pending the contractor's opportunity to repair under section 672E-4, or submission of the dispute to mediation under section 672E-7. This section shall not be construed to revive a statutory period of limitations on actions that have expired prior to the date on which a claimant's written notice of claim is served. After the sending of the initial notice of claim, a claimant and a contractor, by written mutual agreement, may alter the procedure for the notice of claim under this section. [L 2004, c 119, pt of §2] Cross References  Limitation of action for damages based on construction to improve real property, see §657-8.
HI Rev Stat § 672E-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-9 Additional construction defects.

  §672E-9 Additional construction defects. A construction defect discovered after the notice of claim is served may not be alleged in an action until the claimant has given the contractor:  (1) A written notice of claim regarding the alleged defect under section 672E-3; and  (2) An opportunity to repair the construction defect or reject the notice of claim under section 672E-4. [L 2004, c 119, pt of §2]
HI Rev Stat § 672E-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-10 Release.

  §672E-10 Release. If the parties resolve the claim in whole or in part, the claimant shall be barred from bringing an action for the resolved claims. [L 2004, c 119, pt of §2]
HI Rev Stat § 672E-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-11 Contract of sale; provisions.

  §672E-11 Contract of sale; provisions. (a) Upon entering into a contract for sale of a new structure or the construction or substantial remodeling of a premises, the seller of the new structure shall provide to the purchaser of the new structure, and the contractor of the construction or substantial remodeling of the premises shall provide to the owner of the premises, notice of the contractor €™s right to resolve alleged construction defects before a claimant may commence litigation against the contractor. The notice shall be conspicuous and included as part of the contract.  (b) The notice required by subsection (a) shall explicitly reference this chapter, and shall be in substantially the following form: "CHAPTER 672E OF THE HAWAII REVISED STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO DESIGNED, REPAIRED, OR CONSTRUCTED YOUR HOME OR FACILITY. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR AND/OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THE LAW, AND FAILURE TO FOLLOW THEM MAY NEGATIVELY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION." [L 2004, c 119, pt of §2]
HI Rev Stat § 672E-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-12 Other actions.

  §672E-12 Other actions. This chapter shall not interfere with a contractor's right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant. [L 2004, c 119, pt of §2]
HI Rev Stat § 672E-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672E. Contractor Repair Act|672E-13 Dismissal without prejudice.

  §672E-13 Dismissal without prejudice. The court or arbitrator shall dismiss, without prejudice, any action failing to meet the requirements of this chapter, unless:  (1) The failure to meet the requirements is the direct result of the wrongful conduct of another party;  (2) Circumstances beyond the control of the party prevented compliance; or  (3) An applicable statute of limitations on actions would prevent the refiling of an action, in which case the action shall be immediately stayed to provide the claimant with an opportunity to comply with this chapter, but for no longer than six months; provided that the exceptions provided by this section to any specific requirement of this chapter shall not excuse a party from substantially complying with the remainder of the chapter. [L 2004, c 119, pt of §2]
HI Rev Stat § 673-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|673. Native Hawaiian Trusts Judicial Relief Act|673-1 Waiver of immunity.

  §673-1 Waiver of immunity. (a) The State waives its immunity for any breach of trust or fiduciary duty resulting from the acts or omissions of its agents, officers and employees in the management and disposition of trust funds and resources of:  (1) The Hawaiian home lands trust under article XII, sections 1, 2, and 3 of the Constitution of the State of Hawaii, implementing sections 4 and 5(f) of the Admission Act (Act of March 18, 1959, Public Law 86-3, 73 Stat. 4); and  (2) The native Hawaiian public trust under article XII, sections 4, 5, and 6 of the Constitution of the State of Hawaii implementing section 5(f) of the Admission Act; and shall be liable in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for punitive damages.  (b) This waiver shall not apply to the following:  (1) The acts or omissions of the State's officers and employees, even though such acts or omissions may not realize maximum revenues to the Hawaiian home lands trust and native Hawaiian public trust, so long as each trust is administered in the sole interest of the beneficiaries; provided that nothing herein shall prevent the State from taking action which would provide a collateral benefit to nonbeneficiaries, but only so long as the primary benefits are enjoyed by beneficiaries, and the collateral benefits do not detract from nor reduce the benefits enjoyed by the beneficiaries;  (2) Any claim for which a remedy is provided elsewhere in the laws of the State; and  (3) Any claim arising out of the acts or omissions of the members of the board of trustees, officers and employees of the office of Hawaiian affairs, except as provided in section 10-16. [L 1988, c 395, pt of §2] Case Notes  Plaintiffs conceded that this section did not apply to office of Hawaiian affairs trustees, but suggested that the standard outlined in subsection (b) should apply; however, the standard articulated in this section did not apply. 131 H. 62, 315 P.3d 213 (2013).
HI Rev Stat § 673-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|673. Native Hawaiian Trusts Judicial Relief Act|673-2 Right to sue.

  §673-2 Right to sue. (a) Native Hawaiians as defined in section [201(a)] of the Hawaiian Homes Commission Act, native Hawaiian organizations, the office of Hawaiian affairs, and Hawaiians defined as any person who is qualified to succeed to a homestead lease under section 209 of the Hawaiian Homes Commission Act 1920, as amended, shall have the right to bring an action in the circuit courts of the State to resolve controversies relating to the Hawaiian home lands trust described in section 673-1(a)(1).  (b) The office of Hawaiian affairs, native Hawaiians as defined in section 10-2, and native Hawaiian organizations shall have the right to bring an action in the circuit courts of the State to resolve controversies relating to the native Hawaiian public trust described in section 673-1(a)(2).  (c) "Native Hawaiian organizations" as used in this chapter means a native Hawaiian homestead organization, or an unincorporated association, or corporation which is duly organized and thereby able to sue and be sued under the laws of this State and whose purpose is to protect and uphold the Hawaiian Homes Commission Act and the Admission Act section 5(f) relating to a public trust for the betterment of the conditions of native Hawaiians, or the social and economic self-sufficiency of native Hawaiians, and which organized body is controlled by native Hawaiians and a majority of its members receives or can receive benefits from the trust. [L 1988, c 395, pt of §2]