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ASS'N OF APARTMENT OWNERS v. VENTURE 15

No. 26637.

167 P.3d 225 (2007)

The ASSOCIATION OF APARTMENT OWNERS OF NEWTOWN MEADOWS, by its BOARD OF DIRECTORS, Plaintiff-Appellant/Cross-Appellee, v. VENTURE 15, INC., Royal Contracting Co., Ltd., A.W. Associates, Inc. dba Geolabs Hawaii, and R.H.S. Lee, Inc., Defendants-Appellees/Cross-Appellees, and S. Horita Contracting & Building Supplies, Ltd., and Does 4-100, Defendants. Venture 15, Inc., Third-Party Plaintiff-Appellee, v. S. Horita Contracting & Building Supplies, Ltd., Third-Party Defendant, Geolabs Hawaii, Defendant and Additional Third-Party Plaintiff-Appellee, v. Community Planning, Inc., Additional Third-Party Defendant, and Venture 15, Inc., Royal Contracting Company, Additional Third-Party Counterclaim Defendants-Appellees, and S. Horita Contracting & Building Supplies, Ltd., Additional Third-Party Counterclaim Defendants. S. Horita Contracting & Supplies, Ltd., Defendant and Additional Third-Party Plaintiff v. Liu Construction, Inc., Additional Third-Party Defendant-Appellee/Cross-Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied September 20, 2007.

Attorney(s) appearing for the Case

Myles T. Yamamoto, Terrance M. Revere, and Jacqueline E. Thurston, Honolulu, on the briefs, for plaintiff-appellant/cross-appellee AOAO Newtown Meadows.

Dean E. Ochiai, Brenda Morris, Shannon L. Wack, Honolulu, and Randall Y. Kaya, on the briefs, for defendant-appellee/third-party plaintiff-appellee Venture 15, Inc.

Gary W.K. Au Young, on the briefs, for defendant-appellee Royal Contracting Company, Ltd.

Michael H. Tsuchida (of Miyagi, Nohr & Myhre), Honolulu, on the briefs, for defendant-appellee R.H.S. Lee, Inc.

Wesley H.H. Chin, Sheree A. Kon-Herrera, and Lois H. Yamaguchi (of Fukunaga, Matayoshi, Hershey & Ching), Honolulu, on the briefs, for additional third-party defendant-appellee Liu Construction, Inc.

Randall K. Schmitt and Paul B.K. Wong (of McCorriston Miller Mukai & MacKinnon), Honolulu, on the record, for defendant-appellee/cross-appellee Geolabs Hawaii, Inc.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; ACOBA, J., concurring and dissenting separately.

Opinion of the Court by MOON, C.J.

The instant appeal and cross-appeal arise out of the alleged defective construction of the Newtown Meadows Condominium Project (Newtown Meadows or the Project) located in Waimalu, O`ahu, State of Hawaii. Plaintiff-appellant/cross-appellee Association of Apartment Owners of Newtown Meadows by its Board of Directors (the AOAO) initiated the underlying action against several entities involved in the development and construction of Newtown...

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