HI STATEHawaii Supreme Court
1998

Fought & Co. v. Steel Engineering & Erection, Inc.

951 P.2d 487Hawaii Supreme Court • Decided 1998Enforced

HOLDING

Fought & Co. sued Steel Engineering and won at trial. Steel then had to pay Fought's attorney fees. Steel tried to pass those fees to Kiewit (another contractor), and the Hawaii Supreme Court allowed it under the "Uyemura rule." This rule lets a contractor recover legal costs if another party's wrongful actions forced them into a lawsuit. For subcontractors, this means you might have to pay a contractor's legal bills if your actions cause them to defend themselves in court.

KEY FINDINGS

Broad Indemnification

If your actions cause another contractor to get sued, you may have to reimburse their attorney fees and court costs, even if you weren't the original defendant.

Dispute Resolution

Out-of-state lawyers helping local counsel can bill their full fees under Hawaii law—don't assume you can avoid costs by using only local attorneys.

FULL COURT OPINION