HRS §431:10F-105
No forcing contractors to use a specific bond company
This law stops anyone from making a contractor buy a surety bond from a particular insurance company or agent as a condition of getting a construction or renovation contract. It lets the insurance commissioner investigate complaints and allows requiring bonds from licensed insurers in the state.
contractorsdevelopershomeownersreal estate agents
The statute, as written — Directed suretyship; coercion of contractors
(a) No person may require as a condition precedent to the granting, awarding, or issuing a contract for the construction or renovation of improvements to real property, that the person whose obligation under such contract is to provide, construct, or renovate improvements to real property is to acquire or negotiate a surety bond or other contract guaranteeing completion of such improvements through a particular surety insurer or group of surety insurers, or a particular producer or group of producers. (b) The commissioner may examine and investigate the insurance related activities of any person whom the commissioner believes may be in violation of this section. Any person may submit to the commissioner a complaint or any material pertinent to the enforcement of this section. (c) Nothing in this section shall prevent a person who grants, awards, or issues contracts for the construction or renovation of improvements to real property from requiring a person to acquire or negotiate a surety bond or other contract guaranteeing completion of the improvements through authorized surety insurers or producers licensed to do business in the State or both.
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