Gilbert Kobatake, Inc. v. Kaiser Hawaii-Kai Development Co.

OPINION OF THE COURT BY

KOBAYASHI. J.

Gilbert Kobatake, Inc., and Kuwaye Brothers, Inc., appellants or contractors, appeal to this court from a summary *40judgment granted Kaiser Hawaii-Kai Development Company, appellee or owner, by the trial court.

We reverse.

Both appellants and appellee agree that the trial court held, as a matter of law, that a document entitled Change Order No. 2, dated June 22, 1967, executed by both the appellants and appellee, resolved all issues in favor of appel-lee. A transcript of the proceedings below is not available on the record.

Though appellants allege several…