On December 3, 2012, the HAWSCT accepted cert in District Council 50, of the Int’l Union of Painters & Allied Trades and Aloha Glass Sales & Service, Inc. v. Kealii S. Lopez, SCWC-28762, related to the application of Hawaii procurement code -- specifically whether the contractor awarded a job was required possess a C-22 specialty glazing and tinting license to perform jalousie window work.
The work at-issue was performed on the Lanakila Elementary School renovation. At the administrative level, the Board found that the work could be undertaken be a C-22 specialty contractor and a C-5 contractor – the contractor awarded the bid on the Lanakila job possessed only a C-5 license. The decision was affirmed by the circuit court and the ICA.
On cert, District Council 50 argues (1) the incidental and supplemental exception is limited to minor work which supplements a project and thus did not apply to the Lanakila job, (2) the Board clearly erred in finding that the extent or cost of the work is irrelevant in defining incidental and supplemental, and (3) the Board’s unbridled interpretation eviscerates the HAWSCT’s decision in Okada Trucking Co. v. Bd. Of Water Supply, 97 Haw. 450 (2002).
District Council 50 argues that this case offers the HAWSCT a chance to strengthen its ruling in Okada Trucking.
The HAWSCT order accepting cert is available here.
Circuit Court Judges Kim and Sakamoto have been assigned to sit in place of Chief Justice Recktenwald and Justice Pollack, both recused.
The ICA’s memorandum opinion (Judge Foley, and Circuit Court Judges Pollack and Castagnetti) is available here.
The cert application is available here.