HOUSE OF REPRESENTATIVES	H.B. NO.	1635
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to construction.

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

SECTION 1. The legislature finds that the rising cost of insurance contributes substantially toward the soaring costs of housing in Hawaii. Section 657-8, Hawaii Revised Statutes, requires developers or improvers of real property to insure against deficiencies of such improvements for ten years. The insurance costs for this ten-year period are being passed on to the purchasers of that real property, significantly driving up costs.

Therefore, the purpose of this Act is to limit to six years the period of time to commence an action to recover damages based on construction to improve real property.

SECTION 2. Section 657-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No action to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of any deficiency or neglect in the planning, design, construction, supervision, and administering of construction, and observation of construction relating to an improvement to real property shall be commenced more than two years after the cause of action has accrued, but in any event not more than [ten] six years after the date of completion of the improvement."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Action to Recover Damages; Limitation of Action; Construction to Improve Real Property

Description:

Limits to six years the period of time to commence an action to recover damages based on construction to improve real property.

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