[§672E-6]  Offer of settlement.  Any time after the service of the notice of claim, any party may serve an offer of settlement.  If the offer is accepted, the parties shall be deemed to have resolved the claim in whole or in part pursuant to the offer.  An offer not accepted within ten days after service shall be deemed withdrawn and evidence thereof is not admissible except to determine costs.  If the judgment or award obtained in a subsequent proceeding is not more favorable than the offer, the offeree shall pay the costs incurred by the offeror after the making of the offer.  The fact that an offer is made and not accepted does not preclude a subsequent offer.

Terms Used In Hawaii Revised Statutes 672E-6

  • Claim: means any notice of claim by a claimant to a contractor of a construction defect. See Hawaii Revised Statutes 672E-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Service: means personal service or delivery by certified mail, return receipt requested, to the last known address of the addressee. See Hawaii Revised Statutes 672E-1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.