Report Title:

Contractors; General and Specialty Contracting

Description:

Authorizes general engineering and general building contractors to perform incidental specialty work.

THE SENATE

S.B. NO.

3159

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to contractors.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to cure the unintended effects of the Hawaii Supreme Court's decision in Okada Trucking Co. Ltd. v. Board of Water Supply, S.Ct. No. 22956, by authorizing the longstanding practice of the performance of incidental work by general contractors.

SECTION 2. Section 444-7, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams and hydroelectric projects, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, power plants and other utility plants and installations, mines and metallurgical plants, land levelling and earth-moving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above mentioned fixed works[.]; provided that notwithstanding any law or rule to the contrary, a general engineering contractor may perform the work of any specialty contractor that is incidental to the work of the general contractor. As used in this subsection, "incidental to the work of the general contractor" means the value of the specialty work is five per cent or less of the construction project's total contract price.

(c) A general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof[.]; provided that notwithstanding any law or rule to the contrary, a general building contractor may perform the work of any specialty contractor that is incidental to the work of the general contractor. As used in this subsection, "incidental to the work of the general contractor" means the value of the specialty work is five per cent or less of the construction project's total contract price."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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