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HRS §104-2.5

When private construction projects count as public work

This section says that a private construction project is treated as public work if the government will use more than half of its space, and certain conditions are met. The owner must sign an agreement with the government before construction starts, and must send weekly payroll records. Copies of the agreement must be filed with two state departments.

contractorscountiesdevelopersstate agencies

The statute, as written — Public work requirements; private construction contracts

(a) Section 104-2 notwithstanding, for purposes of this chapter, public work shall also include a construction contract between private persons if more than fifty per cent of the assignable square feet of a project is leased or assigned for use by the State, any county, or any agency of the State or any county, whether or not the property is privately owned, and: (1) The lease or other agreement is entered into prior to the construction contract becoming effective; or (2) Construction work is performed according to a plan, specifications, or criteria established by the State, any county, or any agency of the State or any county. (b) Prior to the start of construction on a project, the construction project owner shall sign a lease or other agreement with the governmental leasing agency or the governmental agency accepting the construction project for its use to certify the construction project owner's compliance with this chapter, including payment of prevailing wages. (c) Copies of the lease or other agreement under subsection (b) shall be filed with the department and the department of accounting and general services. The construction project owner shall submit weekly certified payrolls to the governmental leasing agency or the governmental agency accepting the construction project for its use, which shall be the governmental contracting agency for the construction project.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§104-2 When this law applies and what workers must be paid

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.