§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.