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The Honolulu Advertiser
Posted on: Wednesday, September 23, 2009

$232K awarded in Maui Lani lawsuit


By MELISSA TANJI
Maui News

WAILUKU, Maui — A Circuit Court jury on Monday ordered the Fairways at Maui Lani developer to pay a total of $232,700 in damages to six of 11 plaintiffs who said construction of the project caused noise and nuisance and that workers trespassed on their properties.

The jury did not award damages to five plaintiffs, finding the defendants were not liable for damage to their properties.

The jury also found that one of the defendants, general contractor Kila Kila Builders, was not responsible for any of the damage.

The 16 people who own the 11 homes sought damages from Fairways developer VP&PK (ML) LLC and general contractor Kila Kila Builders through a more- than-five-week civil trial.

Plaintiffs testified that from approximately 2006 to 2008, dirt blew into their homes and vibrations rattled and damaged their properties. They said their lives were disrupted by other nuisances associated with the Kahului project's construction. But defense attorneys pointed out that no government agencies or a project manager found fault with the project, and that an engineer who tested vibrations at the job site said they were all below a "damage threshold."

Outside the courtroom, Kila Kila lawyer Robert Richards reflected on the jury's finding that the general contractor was not responsible for damage to the project neighbors' properties.

"I hope people understand that's why we went to trial," he said.

Richards said Duane Ting, head of Kila Kila, is now vindicated.

VP&PK attorney Aaron Creps said it was too early to say if there was going to be an appeal.

"We respect the jury's decision," he said.

For the plaintiffs, the verdict was a mixed bag.

Lance Collins, one of two attorneys for the plaintiffs, said he was pleased with the results for those who received awards but was disappointed for those "who did suffer harm" but were not given any compensation.