§480-12 - Contracts void. - Hawaii Statutes

     §480-12  Contracts void.  Any contract or agreement in violation of this chapter is void and is not enforceable at law or in equity. [L 1961, c 190, §10; Supp, §205A-10; HRS §480-12]

 

Case Notes

 

  A partially illegal contract may be upheld by severing the illegal portion.  61 H. 607, 607 P.2d 1304.

  Where plaintiff did not provide to homeowners the lien disclosure notices before or upon signing of the contract or prior to the commencement of the work as required by §444-25.5(a), plaintiff's conduct was an unfair or deceptive practice that rendered its contract void and unenforceable at law or in equity under this section; thus, plaintiff was not entitled to a lien upon homeowners' property under §507-42, and trial court did not err in dismissing its lien application.  111 H. 349, 141 P.3d 996.

  As this section voided the contract between homeowner and contractor, §507-42 and this section precluded the imposition of a §507-42 lien upon the homeowner's property by contractor who failed to comply with the requirements of §444-25.5.  96 H. 365 (App.), 31 P.3d 222.

  Section 444-25.5(d) and this section do not preclude some recovery in quantum meruit from a homeowner by a contractor who fails to comply with the requirements of §444-25.5; the amount cannot exceed the amount that would have been due the general contractor under the contract had the contract not been void, less the amount previously paid the contractor and the total of the amount paid and owed to all sub-contractors and materialmen.  96 H. 365 (App.), 31 P.3d 222.