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DISTRICT COUNCIL 50 v. LOPEZ

No. SCWC-28762.

298 P.3d 1045 (2013)

129 Haw. 281

DISTRICT COUNCIL 50, OF the INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES and Aloha Glass Sales & Service, Inc., Petitioners/Plaintiffs-Appellants, v. Keali`i S. LOPEZ, in her capacity as Director, Department of Commerce and Consumer Affairs, Respondent/Defendant-Appellee.

Supreme Court of Hawai`i.

April 17, 2013.

Attorney(s) appearing for the Case

Michael A. Lilly and Valerie M. Kato, Honolulu, for petitioners.

Lei S. Fukumura, Deborah Day Emerson and Rodney J. Tam, Honolulu, for respondent.

NAKAYAMA, Acting C.J., McKENNA, J., and Circuit Judge SAKAMOTO in Place of POLLACK, J., Recused, with Circuit Judge KIM in Place of RECKTENWALD, C.J., Recused, Concurring and Dissenting, with whom Circuit Judge TO`OTO`O, in Place of ACOBA, J., Recused, Joins.

Opinion of the Court by NAKAYAMA, Acting C.J.

In 2005, the State of Hawai`i contracted with general contractor Allied Pacific Builders, Inc. (Allied Pacific) to complete the renovation of Lanakila Elementary School. The project included extensive glazing work, specifically the fabrication and installation of 476 jalousie windows. Allied Pacific holds a C-5 specialty license in "[c]abinet, millwork, and carpentry remodeling...

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