Oral Arguments Schedule
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Effective January 3, 2023
(supersedes the oral argument protocols made effective March 26, 2022)
In-person oral arguments have resumed in the Hawaiʻi Supreme Court and the Intermediate Court of Appeals as of January 1, 2022. To ensure the continued safety of all participants, the following guidelines will be followed:
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CAAP-19-0000046 , Wednesday, April 12, 2023, 10 a.m.
NORDIC PCL CONSTRUCTION, INC., f/k/a NORDIC CONSTRUCTION, LTD., Plaintiff-Appellee, vs. LPIHGC, LLC; FIDELITY AND DEPOSIT COMPANY OF MARYLAND; and MAUI BEACH RESORT LIMITED PARTNERSHIP, Defendants-Appellants.
The above-captioned case has been set for argument on the merits at:
Supreme Court Courtroom
The oral argument will also be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts.
Attorneys for Appellants LPIHGC, LLC, Fidelity and Deposit Company of Maryland, and Maui Beach Resort Limited:
Terence J. O’Toole and Kukui Claydon of Starn O’Toole Marcus & Fisher
Attorneys for Appellee Nordic PCL Construction, Inc.:
David Schulmeister and Keith Y. Yamada of Cades Schutte; Anna H. Oshiro, Mark M. Murakami, and Matthew T. Evans of Damon Key Leong Kupchak Hastert
COURT: Ginoza, C.J., Hiraoka, and Nakasone, JJ.
Defendant-Appellant LPIHGC, LLC was the general contractor on a project owned by Defendant-Appellant Maui Beach Resort Limited Partnership. Plaintiff-Appellee Nordic PCL Construction, Inc. was a subcontractor. LPIHGC did not pay Nordic in full. Nordic applied for a mechanic’s lien. Defendant-Appellant Fidelity and Deposit Company of Maryland issued, and Maui Beach Resort filed, a Bond to discharge the lien application. The mechanic’s lien proceeding was dismissed.
Nordic filed the action below seeking a judgment declaring that the Bond was legally binding, valid, and enforceable. The defendants filed a motion to dismiss. The circuit court denied the motion but certified its order for appellate review.
On appeal, the defendants argue that the circuit court erred because an order entered in the mechanic’s lien case in 2011 released, discharged, and dismissed the Bond.
Nordic argues that an order entered in the mechanic’s lien case in 2018 vacated the 2011 order.
Court of Appeals