State fines construction companies over violations at Ala Moana Center

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Several construction companies hired to work on stores in Ala Moana Center’s Ewa Wing Expansion have been fined by the state.

The Department of Commerce and Consumer Affairs issued the fines over various work-related violations.

We’ve been following this story since last October, when allegations surfaced over conditions at construction sites on property.

Wisconsin-based Horizon Retail Construction will pay a $50,000 fine to resolve claims that its managing employee was not in residence in Hawaii while working on the wing’s new Coach store, and that they “aided or abetted Visionary General Contracting, LLC by subcontracting work to the unlicensed entity.”

Minnesota-based Retail Construction Services will pay a $12,500 fine to resolve claims that its managing employee did not reside in Hawaii “for periods of time” while the project was under construction. It also claims Retail Construction Services hired an unlicensed welder, Aloha Welding, to perform welding work, though the company cited misrepresentation by Aloha Welding.

Last week, DCCA announced that Illinois-based Crane Construction Company will pay a $20,000 to resolve claims that its managing employee was not in residence in Hawaii while working on the wing’s new Bulgari store.

Hawaii Revised Statutes§436B-19 Grounds for refusal to renew, reinstate or restore and for revocation, suspension, denial, or condition of licenses.

In addition to any other acts or conditions provided by law, the licensing authority may refuse to renew, reinstate or restore, or may deny, revoke, suspend, or condition in any manner, any license for any one or more of the following acts or conditions on the part of the licensee or the applicant thereof:

(17) Violating this chapter, the applicable licensing laws, or any rule or order of the licensing authority.§444-9.3 Aiding or abetting.

Aiding or abetting an unlicensed person to evade this chapter or knowingly combining or conspiring with an unlicensed person, or allowing one’s license to be used by an unlicensed person, or acting as agent or partner or associate, or otherwise, of an unlicensed person, with the intent to evade this chapter, shall be a misdemeanor and may subject the licensee to additional discipline by the board.§444-17 Revocation, suspension, and renewal of licenses.

In addition to any other actions authorized by law, the board may revoke any license issued pursuant to this section, or suspend the right of a licensee to use a license, or refuse to renew a license for any cause authorized by law, including:

(12) Wilful failure in any material respect to comply with this chapter or the rules adopted pursuant thereto;

(17) Entering into a contract with an unlicensed contractor involving work or activity for the performance of which licensing is required under this chapter;Hawaii Administrative Rules§16-77-71 Principal and subordinate RMEs.

(a) Contracting entities may have in their employ more than one RME, but shall designate in every case a principal RME who shall be primarily responsible for the direct management of the business of the contracting entity and who shall be:

(4) In residence in the State during the time the license of the contracting entity is in effect or during the period a project is under construction;

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