Agustin v. Dan Ostrow Const. Co., Inc.

OPINION OF THE COURT BY

LUM, J.

In this appeal, the issue is whether plaintiffs-appellants’ suit is barred by the statute of limitations under § 657-8,1 Hawaii Revised Statutes. The circuit court dismissed plaintiffs-appellants’ com*81plaint, ruling that § 657-8 barred their claims. We disagree and reverse for reasons set forth herein.

Plaintiffs-appellants are homeowners (Homeowners). In 1977, they filed a complaint in the circuit court against Dan Ostrow Construction Co., Inc. (Contractor) and other unidentified defendants for damages based on both contract and tort claims. Their complaint…