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;

Terms Used In Hawaii Revised Statutes 672E-13

  • 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. See Hawaii Revised Statutes 672E-1
  • Claimant: means any person, entity, partnership, corporation, or association asserting a claim concerning an alleged construction defect. See Hawaii Revised Statutes 672E-1
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(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.

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