Danuser v. Thompson

The instant appeal and cross-appeal arise out of the alleged defective construction of the Newtown Meadows Condominium Project (Newtown Meadows or the Project) located in Waimalu, Oahu, State of Hawaii. Plaintiff-appellant/cross-appellee Association of Apartment Owners of Newtown Meadows by its Board of Directors (the AOAO) initiated the underlying action against several entities involved in the development and construction of Newtown Meadows, including defendants-appellees/cross-appellees Venture 15, Inc. (Venture 15), the developer; Royal Contracting Co., Ltd. (Royal), the site development general contractor; R.H.S. Lee, Inc. (Lee), the soils compaction subcontractor; A.W. Associates, Inc. dba Geolabs Hawaii (Geolabs), the soils engineer; and defendant-appellee/cross-appellant Liu Construction, Inc. (Liu), the masonry subcontractor [hereinafter, collectively, the Appellees]. The AOAO basically claims that, as a result of "severe ground settlement" and "defective concrete floor slabs," the buildings and foundations at Newtown Meadows have "shifted, settled, and cracked."