Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Construction Defects topic
No spam. Unsubscribe anytime.
Senate committee advances SB179 with amendments after heated testimony from builders and homeowner attorneys
Summary
SB179, proposing changes to the Contractor Repair Act and statute of repose, passed committee with amendments and an amended delayed effective date after testimony from builders, trade groups and homeowner advocates highlighting conflicting impacts.
SB179, a bill to clarify the statute of repose for construction-defect actions and amend the Contractor Repair Act’s notice, inspection and remedies processes, was heard Feb. 10, 2025, by the Senate Committee on Commerce and Consumer Protection.
The hearing drew sharply divided testimony. Lee Tokuhara, representing D.R. Horton, said the bill was necessary to curb what builders describe as abusive construction-defect litigation that has increased substantially since 2010. Tokuhara said the surge in litigation threatens housing development and urged passage to protect housing supply for working families.
Opposing the measure, Chris Sekida, a partner at Kazdin Turner Thompson Booth who represents homeowners and associations, argued the bill “does not achieve the committee's goals of creating more affordable housing” and would make it more difficult for homeowners to recover for legitimate defects. Attorneys representing homeowners, including firms such as Lipsmith LLP, warned SB179 would erode warranties, shorten claim periods, and impede class actions that currently secure large-scale repairs.
Other supporters included the Hawaii Regional Council of Carpenters, which said lawsuits stop projects and cost members work. Several lenders and industry groups provided written testimony outlining concerns that costly litigation is passed on to buyers.
After discussion, the committee voted to pass SB179 with technical amendments and to defer the effective date until July 1, 2050, to allow further refinement. The roll-call recorded the chair voting aye, the vice chair voting with reservations, Senator McKelvey voting yes, Senator Richards voting aye, and Senator Awe voting no. The committee noted the high volume of written testimony (105 in support, 4 in opposition reported earlier in the hearing) and kept the measure on a path for floor consideration with agreed technical changes.
The committee also recorded that some members would vote with reservations, reflecting ongoing concerns about a two-year limitation and other timelines in the amended bill. Advocates for homeowners said they will continue to press for dispute-resolution mechanisms such as structured early neutral evaluation and expert roundtables, suggestions offered during committee questions.
The committee’s amendments were described on the record as technical and non-substantive; the bill sponsor and stakeholders will be expected to continue negotiations before the next floor vote.
