Cases
Representative Matters: Construction Litigation/Arbitration: As his primary practice area, he has represented owners, architects, contractors,
subcontractors in over one hundred actions of varying amounts
complexity in both arbitration
lawsuits involving contract, tort, asbestos, mold, mechanics' liens, bond claims
the Contractor's Repair Act. Selected representative cases include: 1) Represented general contractor in $100 million construction project
successfully negotiated a multi-million dollar arbitration award against owner on undisbursed retention
delay claim
2) Prevailed on summary judgment for dismissal of related $5 million claim against lender to release loan funds
3) Successfully represented large l
owner on claims involving applicability of restrictive covenants in deeds filed in L
Court affecting a multi-million dollar golf course development.
Commercial
Residential Real Estate Litigation: Mr. Manaut has h
led many lawsuits
arbitrations involving interpretations of Purchase Contract/DROA language
applicability in disputes involving residential
commercial lease disputes, quiet title
disputes over l
use
ownership, lender liability
foreclosure law. Lead lawyer cases include: 1) Represented international accounting firm in complex application of Canadian
U.S. law on various issues relating to lender liability. Successfully avoided substantial liability exposure
trial expense in summary judgment
2) Litigated
negotiated a defense costs settlement on a $5 million claim against large beer manufacturer by former distributor on wrongful termination
lost profits claims
3) Dismissed quiet title action against Japanese developer over conflicting property claims to a $600 million resort development
4) Full recovery for contractor/developer in lawsuits
arbitration over disputed partnership share, including multi-million dollar delay
defect damages defenses.
LLC/Corporate/Partnership Disputes: Defended general partnership
corporation in litigation to discharge general partner. Case involved numerous complex partnership
corporate law issues. Obtained jury verdict as lead counsel in favor of clients in real estate partnership dispute after two month jury trial. Practice also emphasizes disputes involving intellectual property rights
the resolution of partnership, director
shareholder litigation
contract interpretation.
Government Contracting: 1) Defended general contractor on government utilities contract against $3 million claim for wrongful termination of subcontractor
lost profits. Analysis of FAR, subcontract
partnering issues to successfully negotiate a defense costs resolution before trial. 2) Represented sign supplier against general contractor to recover for work performed on airport construction job. Successfully recovered balance on contract as well as a portion of legal fees in settlement after two month trial.
Toxic Tort/Environmental Litigation: Represented owners
contractors in numerous mold exposure investigations, remediation
litigation matters. H
led numerous disputes on the duties to warn
remediate environmental risks
toxic exposure. Represents defendants as lead local counsel in asbestos cases filed in Hawaii
USDC.
EIS Litigation: Successfully defended City in EIS process challenge under HEPA
NEPA in both State Court
Federal Court.
Creditor
Lender Defense: Has h
led numerous state foreclosures
defense of federal actions asserting TILA
FDCPA claims against financial institutions.
Appellate Work: Has worked on more than 20 appeals involving commercial litigation at state
federal court levels. Successfully argued appeals before the Hawaii Supreme Court, ICA
Ninth Circuit Court of Appeals.
Representative Cases: Matter of Conservation District Use Application HA-3568, 143 Hawaii 379, 431 P.3d 752 (2018)
Flores v. BLNR, 143 Hawaii 114, 424 P.3d 469 (2018)
City & County of Honolulu v. Sherman, et. al, 128 P. 3d 542 (Hawaii 2006)
Mroz v. Hoalaha Na Eha, Ltd., 360 F. Supp. 2d 1122 (D. Haw. 2005)
Dannenfelser v. DaimlerChrysler Crop., 370 F. Supp. 2d 1091 (D. Haw. 2005)
Sensible Traffic Alternatives
Resources, Ltd. v. Federal Transit Admin. of U.S. Dept. of Transp., 307 F. Supp. 2d 1149 (D. Haw. 2004)
Cisneros v. Trans Union, LLC, 293 F. Supp. 2d 1156
1167 (D. Haw. 2003)
Pannell Kerr Forster Intern. Ass'n. Ltd. v. Quek, 5 Fed. Appx. 574, 2001 WL 180646 (9th Cir. 2001)
Associates Financial Services Co. of Hawaii, Inc. v. Mijo, 950 P. 2d 1219 (1998)
In re Herrick, 922 P. 2d 942 (1996)
Howard Fields & Assoc. v. Gr
Wailea Co., 848 F. Supp. 890 (D. Haw. 1993)
Touche Ross, Ltd. v. Filipek, 778 P. 2d 721 (1989)
