If you own a home in the Ocean Pointe development in Honolulu, Hawaiʻi that was constructed after August 1, 2005, a class action lawsuit may affect your rights.
A Judge authorized the dissemination of this Notice. This is not a solicitation from a lawyer.
Two Ocean Pointe homeowners have sued Haseko Homes, Inc., Haseko Construction, Inc., Ke Noho Kai Development, LLC, and Fairway’s Edge Development, LLC (“Haseko Defendants”) claiming that the Haseko Defendants failed to install adequate and complete wind-resisting systems with continuous and adequately strong vertical and lateral load paths by installing an insufficient amount of anchor bolts and the wind-resisting systems do not comply with applicable building codes.
First Circuit Court Judge Virginia L. Crandall has allowed this lawsuit to proceed as a class action. Judge Crandall has certified the Class. Judge Crandall has also compelled the claims of the Class to binding arbitration before a panel of three arbitrators. The arbitrators are Sid Ayabe, Lou Chang, and Jerry Hiatt. Your receipt of this Notice means that you may be a part of the Class, which includes all eligible current individual and entity homeowners who purchased homes in the development known as Ocean Pointe, located in the District of Ewa, City of Honolulu, Island of Oahu, State of Hawaiʻi, that were designed, developed, and constructed with wind protection systems with foundation anchor bolts, said homes having been constructed after August 1, 2005. The Ocean Pointe homes that are part of the Class are specifically identified in a document available on the Case Documents tab, which is entitled “Ocean Pointe Bolt Homes.”
The Haseko Defendants deny any and all liability and assert that the wind-resisting systems, including the vertical and lateral load paths, installed in the identified Ocean Pointe homes are adequate, complete, and comply with all applicable building codes.
The arbitrators have not decided whether the wind-resisting systems installed in the identified Ocean Pointe homes are in fact inadequate or non-compliant. There are no money damages available now and no guarantee that there will be money damages in the future. However, your rights are affected and you have a choice to make now.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT:
Stay in this lawsuit. Give up rights. Await the outcome. Share in possible money or benefits obtained in this lawsuit.
EXCLUDE YOURSELF FROM THE CLASS BY December 3, 2018
Get out of this lawsuit. Keep rights. Do not share in possible money damages or benefits obtained in this lawsuit.
Lawyers must prove the claims against the Haseko Defendants at an arbitration. The arbitration is currently scheduled to begin on May 13, 2019 and continue through June 7, 2019 in Honolulu, Hawaiʻi. The arbitration may be moved to a different date or time without additional notice; please periodically check this website for updates. If money damages or benefits are obtained, those who do not opt out of the class will be notified about how to ask for a share.
Your rights and options—and the deadlines to exercise them—are explained in the Notice.