§104-4  Termination of work on failure topay agreed wages; completion of work; contract and specifications provision. Every contract and the specifications for such contract shall contain aprovision that if the governmental contracting agency finds that any laborer ormechanic employed on the job site by the contractor or any subcontractor hasbeen or is being paid wages at a rate less than the required rate by thecontract or the specifications, or has not received the laborer's or mechanic'sfull overtime compensation, the governmental contracting agency may, by writtennotice to the contractor, terminate the contractor's right, or the right of anysubcontractor, to proceed with the work or with the part of the work in whichthe required wages or overtime compensation have not been paid and may completesuch work or part by contract or otherwise, and the contractor and thecontractor's sureties shall be liable to the governmental contracting agencyfor any excess costs occasioned thereby. [L 1955, c 133, pt of §2; RL 1955,§9A-3; HRS §104-4; gen ch 1985]

 

Attorney General Opinions

 

  The notion of immediately suspending a contractor from doingwork was contemplated as evidenced by this section's requirement that a publicwork contract contain specifications which allow the governmental contractingagency to "terminate the contractor's right...to proceed with the work orwith the part of the work in which the required wages or overtime compensationhave not been paid".  Att. Gen. Op. 97-8.