reglab/housing_qa huggingface dataset:
HI Rev Stat § 444-11 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-11 No license issued when.

  §444-11 No license issued when. (a) No license hereunder shall be issued to:  (1) Any person unless the person has filed an application and paid the applicable fees;  (2) Any person unless the person meets the experience requirements as prescribed in the board's rules; provided that the board may accept experience acquired on a self-employed or unlicensed basis if the experience can be verified;  (3) Any person who does not possess a history of honesty, truthfulness, financial integrity, and fair dealing; provided that any person who during the six years prior to application has failed to satisfy an undisputed debt or a judgment relating to services or materials rendered in connection with operations as a contractor shall be presumed not to possess a history of financial integrity;  (4) Any person unless the person has successfully passed a written examination as prescribed by the board;  (5) Any individual unless the individual is age eighteen years or more;  (6) Any joint venture which is not exempt under section 444-2(8) unless the contracting business thereof is under the direct management of a member or employee thereof, and unless the member or employee holds an appropriate license;  (7) Any individual who is unable to qualify as a contractor or any partnership or corporation, unless the contracting business of the individual, partnership, or corporation is under the direct management of an employee, partner, or officer thereof who holds an appropriate license;  (8) Any person unless the person submits satisfactory proof to the board that the person has obtained workers' compensation insurance, or has been authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;  (9) Any person unless the person submits satisfactory proof to the board that the person has obtained liability insurance; or  (10) Any person unless the person submits a bond if required by the board under section 444-16.5.  (b) Any license issued hereunder shall not be renewed if the licensee no longer meets any of the foregoing qualifications.  (c) An application shall be considered abandoned if the application is not completed and the required documents or other information are not submitted to the board within two years from the last date the documents or information were requested. [L 1957, c 305, §1(s 10); Supp, §166A-10; HRS §444-11; am L 1969, c 56, §2 and c 163, §2; am L 1971, c 191, §1; am L 1972, c 2, §18; am L 1975, c 41, §1; am L 1983, c 201, §2; am L 1985, c 67, §1; gen ch 1985; am L 1986, c 319, §1; am L 1992, c 258, §3 and c 269, §3; am L 1995, c 20, §2]
HI Rev Stat § 444-11.1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-11.1 Requirements to maintain license.

  §444-11.1 Requirements to maintain license. (a) A licensed contractor shall have and maintain in full force and effect the following:  (1) Workers' compensation insurance; unless the licensee is authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;  (2) Liability insurance from an insurance company or agency for comprehensive personal injury and property damage liability; and  (3) Bond when required by the board, under section 444-16.5.  (b) Failure, refusal, or neglect of any licensed contractor to maintain in full force and effect, the applicable workers' compensation insurance, liability insurance, or bond shall cause the automatic forfeiture of the license of the contractor effective as of the date of expiration or cancellation of the contractor's workers' compensation insurance, liability insurance, or bond.  (c) The board shall not restore the forfeited license until satisfactory proof of continuous insurance and bond coverages is submitted to the board as required by this section.  (d) Failure to restore a license within sixty days after the date of forfeiture shall result in the forfeiture of all fees and shall require the person to apply as a new applicant.  (e) The board may assess a fee not to exceed $1,000, impose a bond, or restrict the license as a condition for the restoration of a license forfeited pursuant to this section.  (f) A licensee may, within sixty days after receipt of the notification of the forfeiture, request an administrative hearing to review the forfeiture pursuant to chapter 91. [L 1982, c 175, §1; am L 1995, c 20, §3] Case Notes  No violation of public policy where plaintiff's insurance policy did not satisfy defendant general contractor's statutory coverage requirements pursuant to this section; this section regulates only the insurance coverage general contractors must maintain and not the coverage insurance companies must provide. 725 F. Supp. 2d 1219 (2010).
HI Rev Stat § 444-12 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-12 Application; fees.

  §444-12 Application; fees. (a) Every applicant for a license under this chapter shall complete and file an application provided by the board and shall furnish any additional information bearing upon the issuance of the license as the board shall require. In the case of a partnership, joint venture, or corporation, any partner, member, or officer thereof may sign the application on behalf of the applicant.  (b) Every applicant who is required by the board to be examined shall pay, directly to the testing agency, an examination fee.  (c) These fees shall be as provided in rules adopted by the director pursuant to chapter 91. [L 1957, c 305, §1(s 11); am L 1965, c 241, §2; Supp, §166A-11; HRS §444-12; am L 1983, c 201, §3; am L 1985, c 160, §2; am L 1988, c 109, §1; am L 1992, c 202, §66; am L 1995, c 20, §4; am L 1997, c 40, §10] Cross References  Modification of fee, see §92-28.
HI Rev Stat § 444-13 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-13 Form for licenses.

  §444-13 Form for licenses. The form of every license shall be prescribed by the contractors license board and shall be issued in the name of the board. [L 1957, c 305, §1(s 12); Supp, §166A-12; HRS §444-13]
HI Rev Stat § 444-14 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-14 Place of business and posting of license.

  §444-14 Place of business and posting of license. (a) A licensed contractor shall have, maintain, and operate from a definite place of business in the State and shall display therein his or her contractor's license.  (b) The licensed contractor shall report any change of address or telephone number to the contractors license board within ten business days from such change. [L 1957, c 305, §1(s 13); Supp, §166A-13; HRS §444-14; am L 1975, c 129, §1]
HI Rev Stat § 444-15 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-15 Fees; biennial renewals; inactive license.

  §444-15 Fees; biennial renewals; inactive license. (a) The biennial renewal fee or inactive license fee, and the recovery fund, education fund, and compliance resolution fund fees shall be paid to the board on or before September 30 of each even-numbered year. These fees shall be as provided in rules adopted by the director pursuant to chapter 91. Failure, neglect, or refusal of any licensee to pay these fees and to submit all documents required by the board on or before September 30 of each even-numbered year shall constitute a forfeiture of the licensee's license.  (b) Any forfeited license may be restored upon submittal of all required documents and fees, plus a penalty fee, within sixty days from September 30 of the even-numbered year.  (c) Upon written request of a licensee, the board may place that person's active license in an inactive status. The licensee, upon payment of the inactive license fee, may continue inactive for the biennial period. Failure, neglect, or refusal of any licensee in inactive status to pay the inactive license fee shall constitute a forfeiture of the license. The license may be reactivated at any time during the biennial period by making written request to the board and by fulfilling all the requirements, including the payment of the appropriate fees. While in an inactive status, a licensee shall not engage in contracting; a licensee who violates this prohibition shall be subject to discipline under this chapter and the board's rules.  (d) For purposes of this chapter, the dishonoring of any check upon first deposit shall constitute a failure to meet the fee requirements. [L 1957, c 305, §1(s 14); am L 1961, c 184, §2(a); am L 1965, c 241, §3; Supp, §166A-14; HRS §444-15; am L 1969, c 56, §3; am L 1975, c 118, §9; am L 1977, c 152, §1; am L 1980, c 30, §1; gen ch 1985; am L 1988, c 109, §2; am L 1992, c 202, §67; am L 1994, c 132, §1; am L 1995, c 20, §5; am L 1997, c 7, §1]
HI Rev Stat § 444-16 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-16 Action on applications.

  §444-16 Action on applications. Within one hundred and twenty days after the filing of a proper application for a license and the payment of the required fees, the board shall:  (1) Conduct an investigation of the applicant, and in that investigation may post pertinent information, including the name and address of the applicant and the names, addresses, and official capacities of any partnership, corporation, or other entity that the applicant is associated with; and  (2) Either issue a license to the applicant or notify the applicant in writing by registered mail of the board's decision not to grant the license and specifically notify the applicant of the applicant's right to submit a request for a contested case hearing pursuant to chapter 91 within sixty days of the board's decision. The hearing shall be conducted in accordance with chapter 91. [L 1957, c 305, §1(s 15); am L 1965, c 37, §1; Supp, §166A-15; HRS §444-16; am L 1973, c 116, §1; gen ch 1985; am L 1992, c 202, §68 and c 258, §4; am L 2021, c 230, §14] Cross References  Mailing notice, see §1-28. Case Notes  Where application for license was not acted upon within time specified, denial was defective. 51 H. 673, 466 P.2d 1009 (1970).
HI Rev Stat § 444-16.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-16.5 Bond.

  §444-16.5 Bond. The contractors license board may require each licensee, applicant, individual or corporate, who is a specialty contractor to put up bond in the sum of not less than $5,000 executed by the licensee or applicant as principal and by a surety company authorized to do business in the State as surety.  The board may require each licensee, applicant, individual or corporate, who is a general contractor to put up a bond in the sum of not less than $5,000 executed by the licensee or applicant as principal and by a surety company authorized to do business in the State as surety.  The board, in exercising its discretion, shall take into consideration the licensee's or applicant's financial condition and experience in the field.  The bond shall be in a form as the board may prescribe, conditioned upon the payment of wages, as defined in section 104-1, to the employees of the contractor or any other person or entity entitled to wages when due, and giving employees or any other person or entity entitled to wages who have not been paid a right of action on the bond in their own names; and upon the honest conduct of the business of the licensee, and upon the right of any person injured or damaged by any wrongful act of the licensee to bring an action on the bond; provided that any claim for wages shall have priority over all other claims. [L 1969, c 234, §1; gen ch 1985; am L 1986, c 319, §2; ree L 1988, c 141, §50; am L 2015, c 165, §3]
HI Rev Stat § 444-21 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-21 Death or dissociation.

  §444-21 Death or dissociation. No copartnership, joint venture, or corporation shall be deemed to have violated any provision of this chapter by acting or assuming to act as a contractor after the death or dissociation of a licensee who had the direct management of the contracting business thereof prior to final disposition by the contractors license board of an application for a license made within thirty days from the date of the death or dissociation. [L 1957, c 305, §1(s 20); Supp, §166A-20; HRS §444-21]
HI Rev Stat § 444-22 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-22 Civil action.

  §444-22 Civil action. The failure of any person to comply with any provision of this chapter shall prevent such person from recovering for work done, or materials or supplies furnished, or both on a contract or on the basis of the reasonable value thereof, in a civil action, if such person failed to obtain a license under this chapter prior to contracting for such work. [L 1957, c 305, §1(s 21); Supp, §166A-21; HRS §444-22; am L 1969, c 56, §4] Case Notes  Defendant's motion to dismiss denied; because it was feasible that plaintiff's actions constituted that of a "professional engineer acting solely in [its] professional capacity", it was not apparent that [this chapter] barred plaintiff from bringing lawsuit. 216 F. Supp. 2d 1133 (2001).  Action to recover under this section not barred when circumstances take matter outside applicability of this chapter. 58 H. 257, 567 P.2d 824 (1977).  Applicable even if party has knowledge that contractor has no license. 71 H. 175, 785 P.2d 1324 (1990).  Section permits a contractor, who performs both licensed and unlicensed work, to bring an action to recover payment for the licensed portion of the work. 86 H. 137 (App.), 948 P.2d 558 (1997).  A contract with an unlicensed contractor is not void ab initio and this section does not bar a member of the public, who is a party to such contract, from bringing suit to recover breach of contract damages from an unlicensed contractor. 92 H. 117 (App.), 987 P.2d 1015 (1999).  Where genuine issues of material fact existed as to: the services plaintiff provided to defendant that would be a basis for plaintiff's quantum meruit claim; whether plaintiff was required to be licensed under chapter 444 to provide such services; and whether such services that plaintiff rendered would be barred from recovery under this section, summary judgment was not warranted as to plaintiff's claim based on quantum meruit. 126 H. 190 (App.), 268 P.3d 443 (2011).
HI Rev Stat § 444-23 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-23 Violation; penalties.

 §444-23 Violation; penalties. (a) Any licensee who contracts outside the appropriate scope of classification for which the licensee is licensed shall be fined $500 for the first offense, $1,000 for the second offense, and not less than $1,500 or more than $2,000 for any subsequent offense.  (b) Any licensee who violates section 444-9.3 or 444-17(17) shall be fined up to $25,000 or up to the full amount of the contract price for each offense, whichever is greater.  (c) Except as provided in subsections (a), (b), (d), and (e), any person who violates or fails to comply with this chapter shall be fined not less than $100 or more than $5,000 for each violation; provided that any person who violates section 444-9 shall be fined:  (1) $2,500 or forty per cent of the total contract price, whichever is greater, for the first offense;  (2) $3,500 or forty per cent of the total contract price, whichever is greater, for the second offense; and  (3) $5,000 or forty per cent of the total contract price, whichever is greater, for any subsequent offense, and when the person is or was a defendant or respondent in a separate citation or lawsuit filed with or by the department, all tools, implements, documents, materials, or any other property used by the person in activities violating section 444-9 shall be subject to forfeiture as provided by section 444-23.5 and shall be turned over to the department for disposition under that section.  (d) Any licensee who violates, or whose employee violates, section 444-17(18), 444-17(19), or 444-17(20), shall be fined $75 for the first offense, $150 for the second offense, and not less than $300 or more than $1,000 for each subsequent offense; provided that each unit serviced in violation of section 444-17(18) or 444-17(19) and each instance of releasing CFCs in violation of section 444-17(20) shall constitute a separate offense.  (e) Any person who violates section 444-2.5 shall be fined:  (1) Up to $5,000 or fifty per cent of the value of the construction or improvement as indicated on the building permit application, whichever is greater, and as determined based on a review of the circumstances of each case, for the first offense; and  (2) $10,000 or sixty per cent of the value of the construction or improvement as indicated on the building permit application, whichever is greater, for any subsequent offenses. [L 1957, c 305, §1(s 22); Supp, §166A-22; HRS §444-23; am L 1975, c 127, §1; am L 1980, c 102, §1; am L 1984, c 216, §1; am L 1986, c 23, §1; am L 1989, c 77, §12; am L 1990, c 244, §1; am L 1992, c 264, §10 and c 269, §5; am L 1996, c 172, §5; am L 2000, c 291, §3; am L 2009, c 195, §1; am L 2010, c 44, §5 ; am L 2013, c 176, §3]
HI Rev Stat § 444-24 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-24 Injunction.

  §444-24 Injunction. The contractors license board may, in addition to any other remedies available, apply to a circuit judge for a preliminary or permanent injunction restraining any person from acting, or assuming to act, or advertising, as general engineering contractor, general building contractor, or specialty contractor, without a license previously obtained under and in compliance with this chapter and the rules and regulations of the board, and upon hearing and for cause shown, the judge may grant the preliminary or permanent injunction. [L 1965, c 13, §1; Supp, §166A-23; HRS §444-24] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 444-25 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-25 Payment for goods and services.

  §444-25 Payment for goods and services. A contractor shall pay the contractor's subcontractor for any goods and services rendered within ten days after receipt of an invoice by the subcontractor that includes any supporting documents as required by the terms of the subcontract and after receipt by the contractor of payment from the owner for the subcontractor's work, whichever occurs later. The subcontractor shall be entitled to receive interest on the unpaid amount at the rate of one and one-half per cent per month from the date payment is due; provided that this section shall not apply if the delay in payment is due to a bona fide dispute between the contractor and the subcontractor concerning the goods and services contracted for.  If payment is contingent upon receipt of funds held in escrow or trust, the contractor shall clearly state this fact in the contractor's solicitation of bids. If the solicitation for bids contains the statement that the time of payment is contingent upon the receipt of funds held in escrow or trust and a contract is awarded in response to the solicitation, interest shall not begin to accrue upon any unpaid balance until after the tenth day following receipt by the contractor of an invoice by the subcontractor that includes any supporting documents as required by the terms of the subcontract and receipt of the escrow or trust funds, whichever occurs later; provided that this section shall not apply if the delay in payment is due to a bona fide dispute between the subcontractor and the contractor concerning the goods and services contracted for.  This section shall not apply to chapter 103 or any section affecting public contracts. [L 1969, c 147, §2; am L 1971, c 92, §1; gen ch 1985; am L 2012, c 260, §2] Note  L 2012, c 260, §3 provides:  "This Act [amending §444-25] shall not apply to the payment terms of previously binding written private contracts entered into, construction bids opened, or request for proposals solicited prior to July 1, 2012."
HI Rev Stat § 444-25.7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-25.7 Roofing contractors guarantee bond.

  §444-25.7 Roofing contractors guarantee bond. (a) Every contract executed for the purpose of constructing, repairing or improving a roof covering, which contract states a guarantee for workmanship for a period in excess of seven years, shall be accompanied by a bond, executed by the licensee as principal and by a surety company authorized to do business in the State as a surety, for the replacement value of such roof covering; provided that no surety company shall be compelled to issue a bond for any guarantee pursuant to a contract under this section which it would not ordinarily bond or consider to be a bondable project.  (b) Such bond shall be for the exclusive benefit of, and be limited to, an owner or lessee of a private residence, including a condominium or cooperative unit, who has contracted with a duly licensed contractor for the construction of a roof covering to the owner's or lessee's own private residence and who has filed an appropriate claim for the replacement value of a roof covering which has become faulty or defective within the stated guarantee period.  (c) The surety bond shall be continuous in form and the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond irrespective of the number of years the bond is in force.  (d) Any claim or subsequent action to make a claim against the bond shall be brought not later than one year after the expiration of the guarantee period for which the bond has been provided. Claims against the bond, as provided in this section, shall not in any way supersede or prevent claims made under section 444-26 or any other appropriate statute or law.  (e) Every contractor licensed to perform under this chapter shall, prior to entering into a contract covered by this section, provide to the owner appropriate information to evidence the existence of the bond and its conditions in writing.  (f) Bonds required under this section shall be in addition to any other bond required by this chapter or any other bond required or executed between a contractor and an owner or other contracting agency.  (g) Any violation by any contractor of any provision of this section or failure to maintain in full force and effect any bond required by this section, shall be deemed to be an unfair and deceptive act or practice. [L 1980, c 289, §1; gen ch 1985]