In Hawaii the use of a Class Action is well recognized and a valuable legal tool to economically and efficiently litigate or arbitrate Construction Defect claims which involve large groups of people all with claims that are alike both to the underlying legal basis and common factual circumstances.
A Class Action allows one person or a few people to file on behalf of other similarly situated. In large condominium projects here on the islands it is common for a builder to make a fundamental mistake and repeat it in other buildings or thousands of units. Quite often a defective product which is unfit for our tropical climate in which corrosion is often a problem is used and quickly fails; such as corroded hurricane straps embedded in the foundational system or defective PEXS system running through thousands of homes and condominium units.
